HomeMy WebLinkAboutAgenda Packet 2001/12/11 CITY COUNCIL AGENDA
December 11, 2001 6:00 p.m.
Council Chambers
Public Services Building
276 Fourth Avenue, Chula Vista
CITY OF
CHULA VISTA
City Council City Manager
Patty Davis David D. Rowlands, Jr.
Stephen C. Padilla City Attorney
Jerry R. Rindone John M. Kaheny
Mary Salas City Clerk
Shirley A. Horton, Mayor Susan Bigelow
The City Council meets regularly on the first calendar Tuesday at 4:00 p.m.
and on the second, third and fourth calendar Tuesdays at 6:00 p.m.
Regular meetings may be viewed at 7:00 p.m. on Wednesdays on
Cox Cable Channel 17 or Chula Vista Cable Channel 47
AGENDA
December 11, 2001 6:00 P.M.
CALL TO ORDER
ROLL CALL: Councilmcmbers Davis, Padilla, Rindon¢, Salas, and Mayor Horton.
PLEDGE OF ALLEGIANCE TO THE FLAG, MOMENT OF SILENCE
SPECIAL ORDERS OF THE DAY
· ADOPTION OF A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ACCEPTiNG A GRANT DEED FOR THE UNIVERSITY
PROPERTY UNDER THE LAND OFFER AGREEMENT WITH BROOKFIELD
SHEA OTAY AND AUTHORIZiNG THE CITY CLERK TO ACCEPT AND SIGN
THE GRANT DEED FOR UNiVERSITY LAND FROM BROOKFIELD SHEA OTAY
AND TO ACCEPT THE IRREVOCABLE OFFER OF DEDICATION FOR
UNIVERSITY LAND FROM THE EASTLAKE COMPANY
By a.ccepting the grant deed and irrevocable offer of dedication, the City will complete its
requirements under land offer agreements entered into in early 2000. The escrow account
is scheduled to close on December 21, 2001, at which time the City will become the
owner of approximately 582 acres of land designated for a future university site.
Staff recommendation: Council adopt the resolution.
· PROCLAMATION TO BE PRESENTED TO GABRIEL ARCE PROCLAIMING
FRIDAY, DECEMBER 21, 2001 AS "GABRIEL ARCE DAY" IN THE CITY OF
CHULA VISTA
· OATHS OF OFFICE:
SARA ALVIA - iNTERNATIONAL FRIENDSHIP COMMISSION
MARK PERRETT - SAFETY COMMISSION
DAVID MCCLURG - TOWN CENTRE PROJECT AREA COMMITTEE
LISA MOCTEZUMA - TOWN CENTRE PROJECT AREA COMMITTEE
BEN WEST - BOARD OF APPEALS AND ADVISORS
CONSENT CALENDAR
(Items 1 through 13)
The Council will enact the staff recommendations regarding the following items
listed under the Consent Calendar by one motion, without discussion, unless a
Councilmember, a member of the public, or City staff requests that an item be
removed for discussion. If you wish to speak on one of these items, please fill out
a "Request to Speak"form (available in the lobby) and submit it to the City Clerk
prior to the meeting. Items pulled from the Consent Calendar will be discussed
after Action Items. Items pulled by the public will be the first items of business.
1. WRITTEN COMMUNICATIONS
A. Letter of resignation from John McCann from his position on the Housing
Advisory Commission.
Staff recommendation: The letter be accepted with regret and the City Clerk be
directed to post a notice of vacancy in accordance with Maddy Act requirements.
2. A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING AN APPLICATION FOR THE ROBERTI-Z'BERG-HARRIS BLOCK
(PER CAPITA) GRANT FUNDS TO THE STATE OF CALIFORNIA DEPARTMENT
OF pARKS AND RECREATION FOR THE LOMA VERDE POOL RENOVATION
B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ACCEPTING A GRANT IN THE AMOUNT OF $507,499 FROM THE STATE OF
CALIFORNIA FOR pARK PROJECTS; AND AMENDING THE FISCAL YEAR
2001/2002 CIP NO. 226 BUDGET TO INCLUDE THESE FUNDS; AND
AUTHORIZING THE DIRECTOR OF PARKS & RECREATION, OR HIS
DESIGNEE, TO SIGN THE APPROPRIATE DOCUMENTATION WITH THE STATE
OF CALIFORNIA TO ACCEPT THE GRANT FUNDS (4/5THS VOTE REQUIRED)
The City has received notice of the award of the Roberti-Z'Berg-Harris Block (per
capita) grant funds from the state in the amount of $507,499 for the Loma Verde pool
renovation. The City must now submit an application for these grant funds in order to
receive them. The state allows the City to apply for and accept the grant simultaneously.
(Director of Parks and Recreation)
Staff recommendation: Council adopt the resolutions.
3. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ACCEPTING BIDS, AWARDING CONTRACT FOR THE LOMA VERDE POOL
RENOVATION IN THE CITY OF CHULA VISTA (PROJECT PR-226) TO MISSION
POOLS OF ESCONDIDO IN THE AMOUNT OF $955,000, AWARDING ADDITIVE
ALTERNATE #3 TO MISSION POOLS OF ESCONDIDO IN THE AMOUNT OF
$21,000, AND AUTHORIZING THE MAYOR TO EXECUTE SAD CONTRACT
At 2:00 p.m. on Thursday, November 15, 2001, the Director of Public Works received
sealed bids for the Loma Verde pool renovation project (PR-226). The project provides
for renovation work within and adjacent to the existing swimming pool located at the
Loma Verde Recreation Center site at the north end of Loma Lane. The renovation work
to be done generally consists of demolition, installation of new construction, concrete
work required for decks and walkways, finish work (plaster and ceramic tile), and
mechanical piping as required for the interior of the swimming pool. The work also
includes all labor, material, equipment, transportation, protection and restoration of
existing improvements, and all appurtenances and other work necessary for completion of
the project. (Director of Public Works)
Staff recommendation: Council adopt the resolution.
12/11/01
Page 2 - Council Agenda
4. RESOLUTION OF THE CiTY COUNCIL OF THE CITY OF CHULA VISTA
RATIFYING THE ACTIONS OF THE DIRECTOR OF PUBLIC WORKS AND
APPROVING CHANGE ORDER NO. 1 FOR PHASE 1 OF THE SALT CREEK
GRAVITY SEWER INTERCEPTOR (SW-219)/MAIN STREET PAVEMENT
RECONSTRUCTION (STM-332) PROJECT AND AUTHORIZING THE DIRECTOR
OF PUBLIC WORKS TO EXECUTE SAID CHANGE ORDER ON BEHALF OF THE
CITY
On September 18, 2001, Council adopted Resolution No. 2001-313, awarding a contract
in the amount of $8,339,467.75 to Hazard Construction Company/T.C. Construction
Company, Inc., A Joint Venture, for Phase 1 of the Salt Creek gravity sewer interceptor
(SW-219) / Main Street pavement reconstruction (STM-332) project. On November 26,
2001, the Director of Public Works authorized Change Order No. 1, in the amount of
$93,130, for the installation of two four-inch electrical conduits within the approximately
14,000-feet-long Salt Creek gravity sewer interceptor trench between Industrial
Boulevard and Interstate-805 in order to accommodate near-term and future
communications needs. By installing the conduits now, rather than in the future, the City
will save significant trenching, traffic control, and pavement restoration costs and will
avoid the need to dig through the new street pavement in the near future, with the
exception of vaults and lateral connections. Adoption of the resolution will ratify the
Director of Public Works' actions in authorizing Change Order No.1. (Director of Public
Works)
Staff recommendation: Council adopt the resolution.
5. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING CHANGE ORDER NO. 2 FOR THE PAVEMENT REHABILITATION
PROGRAM, FISCAL YEAR 2000/2001, AT VARIOUS LOCATIONS IN THE CITY
OF CHULA VISTA (STL-267) AND AUTHORIZING THE DIRECTOR OF PUBLIC
WORKS TO EXECUTE SA1D CHANGE ORDER ON BEHALF OF THE CITY
On April 24, 2001, Council adopted Resolution No. 2001-120, awarding a contract in the
amount of $5,472,000 (plus contingencies of $1,100,000) to Nicholas Grant Corporation/
California Commercial Asphalt, A Joint Venture, for the pavement rehabilitation program
for Fiscal Year 2000/2001 at various locations in the City (CIP No. STL-267). Change
Order No. 2, in the amount of $56,100, is for additional equipment, disposal~ and labor
costs necessary to remove unsuitable soil in pavement "dig-out" areas in order to
complete the project in accordance with City standards and to assure the long-term
stability and serviceability of the rehabilitated pavement. (Director of Public Works)
Staff recommendation: Council adopt the resolution.
6. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING THE THREE-PARTy AGREEMENT BETWEEN THE CITY OF
CHULA VISTA, THE EASTLAKE COMPANY (APPLICANT), AND KAWASAKI
THEILACKER UENO & ASSOCIATES (CONSULTANT) FOR LANDSCAPE
ARCHITECTURAL SERVICES, AND AUTHORIZING THE MAYOR TO EXECUTE
SAID AGREEMENT
Page 3 - Council Agenda 12/11/01
The 23-acre park site is located south of Otay Lakes Road, east of the EastLake Trails
development, north of approximately six acres of restored wetlands habitat, northeast of
the EastLake Trails homeowners association's recreational facility, and west of the future
EastLake Vistas development. The site surrounds a portion of the Salt Creek drainage
basin and includes a trail corridor connection south to Olympic Parkway. (Director of
Parks and Recreation)
Staff recommendation: Council adopt the resolution.
7. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING A TWO-PARTY AGREEMENT BETWEEN THE CITY OF CHULA
VISTA AND VAN DYKE, L.L.P., LANDSCAPE ARCHITECTS (CONSULTANT)
FOR LANDSCAPE ARCHITECTURAL SERVICES AND AUTHORIZING THE
MAYOR TO EXECUTE SAID AGREEMENT
The 10-acre Sunbow neighborhood park site is located north of East Palomar Street, west
of Medical Center Court, east of High Cloud Court and south of a future proposed multi-
family housing project. (Director of Parks and Recreation)
Staff recommendation: Council adopt the resolution.
8. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING THE SECOND AMENDMENT TO THE AGREEMENT FOR
CITYWIDE STREET SWEEPiNG SERVICES WITH CANNON PACIFIC SERVICES
EXTENDING THE AGREEMENT ON A MONTH-TO-MONTH BASIS FOR NOT
MORE THAN THE PERIOD OF JANUARY 1, 2002 TO JUNE 30, 2002, AND
AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT
On November 7, 2000, Council authorized the award of a street sweeping agreement with
Cannon Pacific Services (Cannon). Cannon was a respondent to a Request For Proposals
process in 1997, and has agreed to continue to meet the terms of the initial agreement
after the City and R.F. Dickson decided to end their agreement. Cannon has also
provided a significant improvement in equipment and adjusted to a schedule amended by
the City to increase the sweeping frequency for many streets. Staffbelieves the change in
service provider, equipment and schedule have resulted in better service to residents and
businesses. (Special Operations Manager)
Staff recommendation: Council adopt the resolution.
9. A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ACCEPTiNG A PETITION REQUESTING THE FORMATION OF AN
ASSESSMENT DISTRICT TO iNCLUDE A PORTION OF D STREET FOR THE
PURPOSE OF FINANCING THE CONSTRUCTION OF SIDEWALK
IMPROVEMENTS
B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ORDERING THE INSTALLATION OF CERTA1N SIDEWALK IMPROVEMENTS
ON "D" STREET, APPROVING THE pRELIMINARY ENGINEER'S REPORT,
SETTING THE TIME AND PLACE FOR A PUBLIC HEARING, AND ORDERING
THE INSTALLATION OF ASSESSMENT BALLOT PROCEEDINGS
12/11/01
Page 4 - Council Agenda
C. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ADOPTiNG A MAP SHOWiNG THE PROPOSED BOUNDARIES FOR
ASSESSMENT DISTRICT 2001-03 (D STREET)
Four property owners along the north side of the 300 block of D Street have requested
sidewalk improvements. All four property owners have signed a petition requesting that
special assessment district proceedings be commenced for construction of these
improvements. Staff has completed preliminary design and cost estimates for this
project. (Director of Public Works)
Staff recommendation: Council adopt the resolutions.
10. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROViNG THE TRANSFER OF APPROPRIATIONS FOR THE GRAPHIC
ARTIST POSITION FROM PARKS AND RECREATION DEPARTMENT TO CITY
ADMiNISTRATION, OFFICE OF COMMUNICATIONS, FOR FISCAL YEAR
2001/2002 AND AMENDING THE SPENDING PLAN FOR FISCAL YEAR
2002/2003
The City's one Graphic Artist position is currently budgeted in Recreation
Administration in the Parks & Recreation Department. This formerly hourly position
was approved as a .75 full-time equivalent position in the budget for fiscal year
2001/2002, as recommended in last year's citywide communications audit. The City
Manager approved the transfer of this position from Parks & Recreation to the Office of
Communications effective October 19, 2001. Appropriations, therefore, need to be
transferred for this position. The City Council policy on appropriation transfers calls for
Council approval of transfers of funds between departments. (Deputy City Manager
Palmer/Director of Parks and Recreation)
Staff recommendation: Council adopt the resolution.
11. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ADD1NG A SPECIAL PROJECTS MANAGER POSITION TO ADMINISTRATION
AND APPROPRIATING FUNDS THEREFOR BASED ON UNANTICIPATED
REVENUE (4/5THS VOTE REQUIRED)
Currently, the City contracts with Marty Chase, who is primarily responsible for updating
the Public Facilities Development Impact Fee (PFDIF). Previously, Mr. Chase was
employed by the City in the position of Special Projects Manager. The proposed
resolution reestablishes the position of Special Projects Manager, which was last filled by
Mr. Chase. He is an expert on PFDIF, and sufficient funds have been budgeted in the
PFDIF that could alternatively be used to reimburse the General Fund when his status
switches from consultant to employee. This change in status, from consultant to
employee, would be beneficial to all concerned. The City would benefit by increased
access that would allow Mr. Chase to spend more time imparting his PFDIF knowledge
to City staff, as well as to provide expertise in other areas, such as public safety staffing
models. He would benefit by having an office on-site, support staff and easier access to
needed information. The PFDIF fund would benefit by continuing to access Mr. Chase's
expertise at a reduced overall cost.
Staff recommendation: Council adopt the resolution.
Page 5 ~ Council Agenda 12/11/01
12. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA TO
APPROVE THE EXECUTED MILLS ACT CONTRACTS BETWEEN THE CITY OF
CHULA VISTA AND THE OWNERS OF HISTORIC PROPERTIES
Staff, in accordance with previous Council direction, has prepared contracts for the
owners of historic homes who want to participate in the Mills Act program. Upon
authorization by the City Council, the City Manager will sign the contracts, which then
will be forwarded to the County Assessor's office for recordation, making the properties
eligible for a tax credit in the 2002 tax year. (Director of Planning and Building)
Staff recommendation: Council adopt the resolution.
13. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
DESIGNATING THE VICTOR DAY HOUSE AS A HISTORIC SITE AND PLACING
THE VICTOR DAY HOUSE ON THE CITY OF CHULA VISTA'S LIST OF
HISTORIC SITES IN ACCORDANCE WITH MUNICIPAL CODE SECTION
2.32.70(A)
The property owner, Joyce Green, has requested that her property, the Victor Day house,
be considered for ~nclus~on on the City list of historic sites. The Environmental Review
Coordinator has determined that this project is exempt per the California Environmental
Quality Act, Section 1533, Class 31, Historical Resources Restoration and Rehabilitation.
(Director of Planning and Building)
Staff recommendation: Council adopt the resolution.
ORAL COMMUNICATIONS
Persons speaking during Oral Communications may address the Council on any
subject matter within the Council's jurisdiction that is not listed as an item on the
agenda. State law generally prohibits the Council from taking action on any issue
not included on the agenda, but, if appropriate, the Council may schedule the
topic for future discussion or refer the matter to staff Comments are limited to
three minutes.
ACTION ITEMS
The items listed in this section of the agenda are expected to elicit substantial
discussion and deliberation by the Council, staff, or members of the public. The
Council will consider the items individually, and staff recommendations may, in
certain cases, be presented in the alternative. If you wish to speak on any item,
please fill out a "Request to Speak"form (available in the lobby) and submit it to
the City Clerk prior to the meeting.
12/11/01
Page 6 - Council Agenda
14. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ADOPTING THE 2002 LEGISLATIVE PROGRAM
The legislative program represents the Council's position on items likely to be acted upon
by the State Legislature, Congress, or administrative agencies. By adopting a legislative
program at the beginning of each two-year legislative session and amending it at mid-
term, Chula Vista can take a proactive role in sponsoring, supporting or opposing bills
related to the City's various legislative priorities. (Intergovernmental Affairs
Coordinator)
Staff recommendation: Council adopt the resolution.
15. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AUTHORIZING THE ACCEPTANCE OF A $1 MILLION GRANT FROM THE
CALIFORNIA ENERGY COMMISSION (CEC) FOR A HYDROGEN FUEL CELL
BUS DEMONSTRATION PROJECT IN CHULA VISTA AND AT SUNLINE
TRANSIT AGENCY (SUNLINE), APPROVING IMPLEMENTING AGREEMENTS
WITH THE CEC AND SUNLINE TO IMPLEMENT THE GRANT AND
APPROPRIATING FUNDS THEREFOR (4/5THS VOTE REQUIRED)
In 1994, Council directed staff to pursue funding to develop a hydrogen fuel cell bus
demonstration project. Subsequently, staff developed a project with the following goals:
to showcase a zero emission transit bus using hydrogen fuel cell technology; to
demonstrate the viability of a hydrogen fuel cell bus in a real-world transit application;
and to demonstrate the integration of a hydrogen fuel cell vehicle in a multi-fueled city
vehicle fleet by "reforming" compressed natural gas to hydrogen. In late 1999, CEC,
Chula Vista, and SunLine developed a multi-phase project approach that incorporates
Chula Vista's stated project goals. (Special Operations Manager)
Staff recommendation: Council adopt the resolution.
16. REPORT REGARDING REQUEST FOR TECHNICAL PROPOSALS (RFTP) AND
PRICE BiDS FOR OPERATION OF CHULA VISTA TRANSIT (CVT) AND
MAINTENANCE OF CVT BUS FLEET
The last Request For Proposals (RFP) for operations of CVT and maintenance of the
CVT fleet was issued in February 1993. As a result of the RFP process, San Diego
Transit was selected as the CVT contract operator for a three-year term. Since then,
Council has approved three extensions to the agreement, the latest of which was in
February 2001. The current agreement terminates on June 30, 2002. In a cooperative
effort, Transit staff has been working with Metropolitan Transit Development Board
(MTDB) staff to develop and issue an RFTP in a two-step process with a service start
date of July 1, 2002. (Director of Public Works)
Staff recommendation: Council accept the report, authorize staff to issue an RETP for
CVT operations and maintenance for a five-year base term, include a responsible wage
policy based on MTDB's policy, and accept the make-up of the Technical Review
Committee as adopted by MTDB.
Page 7 - Council Agenda 12/11/01
17. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING NEW CHULA VISTA TRANSIT (CVT) LOGO
Fiscal year 2001/2002 is CVT's 30th anniversary. With the delivery of 15 new CNG
buses in January 2001, and the expected delivery of an additional 10 buses in January
2002, Council may wish to consider a new, more dynamic logo for CVT for the
following reasons: (1) CVT would like to embark on an aggressive marketing and rider
appreciation campaign; (2) a new logo would be one way to symbolize the "new" and
technologically advanced CVT fleet and new operations yard; (3) the existing logo has
been used since 1984; (4) the new logo creates a more positive quality image of the
system that will create a new identity for CVT; and, if Council wishes to change the logo,
this would be an excellent opportunity to do so. (Director of Public Works)
Staff recommendation: Council adopt the resolution.
ITEMS PULLED FROM THE CONSENT CALENDAR
OTHER BUSINESS
18. CITY MANAGER'S REPORTS
19. MAYOR'S REPORTS
20. COUNCIL COMMENTS
ADJOURNMENT to an Adjourned Regular Meeting on Monday, December 17, 2001, at 6:00
p.m. in the Council Chambers. The Regular Meeting of December 18,
2001, has been cancelled.
12/11/01
Page 8 - Council Agenda
Friday, Novembe 30, 2001 12:25 PM To: City Clerk From: John McCann, 619-421-2587 Page 2 of 2
November 30, 2001
276 Fourth A~'enuc
Chula xz,p~a, ( ;:\ 9 ! 9 ! 0
[o the Cie' Clerk:
Per my prior conversation with Juan Arroyo, please accept this ~etter as my resignation
from the Housing AdvisoLw' Cm~nissJon,
i enioyed serving, on the Housing Advisory Com~rfission and will remain active in ~thc city
~ts a Planning Commisskmer.
, .I~hu McCann
/4'
COUNCIL AGENDA STATEMENT
Item No.:
Meeting Date: 12/11/01
ITEM TITLE: Resolution of the City Council of the City of Chula Vista accepting a
Grant Deed for the University property under the Land Offer Agreement
with Brookfield Shea Otay and authorizing the City Clerk to accept and
sign the Grant Deed for University land from Brookfield Shea Otay and
to accept the Irrevocable Offer of Dedication for University land from
the Eastlake Company.
SUBMITTED BY: Director of Planning and Buildingl~~/
REVIEWED BY: City Manager 9~ (4/5ths Vote: Yes No X .)
In February and March of 2000, the City entered into the Land Offer Agreements (LOAs) with
both New Millennium and the EastLake Company in which the City agreed to process land use
entitlements for these property owners subject to certain terms and conditions, in exchange for
conveyance to the City of land planned for a future University site. The terms and conditions
set forth in the LOAs for approval of the entitlements have been met for both EastLake and
Brookfield Shea Otay, under the New Millennium agreement. By accepting the Irrevocable
Offer of Dedication from the Eastlake Company and the grant deed from BSO, the City will
complete its requirements under the LOAs. The escrow account is scheduled to close on
December 21, 2001 at which time the City will become the owners of approximately 582 acres
of land designated for a future University site.
RECOMMENDATION: That the City Council approve the resolution authorizing the City
Clerk to accept and sign the Grant Deed for the BSO property and to sign the Irrevocable Offer
of Dedication accepting the EastLake property for a future University site.
BOARDS/COMMISSIONS RECOMMENDATION: N/A
DISCUSSION: In February of 2000, the City entered into an LOA with the EastLake
Company in which the City agreed to process land use entitlements for EastLake III in
exchange for an offer of dedication for 45 acres of land to be used for the future University. In
March of that year, the City entered into a similar agreement with New Millennium for the
their ownership within the Otay Ranch. The City agreed to process entitlements for the New
Millennium's ownership within the Otay Ranch in exchange for conveyance of approximately
537 acres of land designated for a future University site within BSO's ownership. The
entitlements for EastLake included the EastLake III GDP amendments and the SPA Plan and
tentative map for the Woods and the Vistas. The BSO entitlements included the 2001
SPECIAL ORDERS OF THE DAY - 1
Page 2, Item No.:
Meeting Date: 12-11-01
Amendments to the Otay Ranch GDP and the SPA Plan and tentative map for Village 11. The
LOA was transferred to Brookfield Shea Otay when BSO acquired the New Millennium
property in the Otay Ranch last year.
With the approvals of the EastLake III GDP and Woods and Vistas SPA Plans and tentative
map in August of this year, the City has satisfied it obligation under the EastLake LOA. The
next step is for the City acceptance of the Irrevocable Offer of Dedication. The IOD does
restrict the future land uses of the property to higher education facilities and other uses
provided for in the LOA.
With the approvals of the Otay Ranch GDP Amendments and the Village 11 SPA Plan and
tentative map on October 23, 2001, the City satisfied its major obligations under the Land
Offer Agreement with BSO. An escrow account has been opened and the next step is for the
City acceptance of the Grant Deed for the property. The Grant Deed does restrict the future
land uses of the property to higher education facilities, and other uses called for in the LOA.
The agreement precludes the City from using the property for village related residential.
The acceptance of the EastLake IOD and the BSO Grant Deed will provide the City with 582
acres of the 1,100 acres in the Otay Ranch University site.
All the terms of the EastLake LOA have been met and the BSO LOA terms have been met or
will be met in the near future. The BSO property will be free of all encumbrances prior to the
close of escrow. Wells Fargo Bank will provide partial reconveyance for the existing deeds of
trust on the property. 1st American Title Company is providing title insurance in the amount of
$9 million.
The only BSO terms that will be met outside of escrow are the issuance of the mass grading
permit and the approval of the MSCP Plan. First plan check of the mass grading plans has
been completed and Engineering Division staff believes that the plans are on schedule for
issuance of the mass grading permit by January 18 as called for in the First Amendment to the
LOA. The LOA anticipated the MSCP Subarea Plan would be approved prior to the approval
of the entitlements and that BSO could rely on that plan for implementation of the project.
Since BSO needs to move forward with grading, BSO has initiated separate permits with the
wildlife agencies in lieu of the MSCP Plan. The escrow instructions acknowledge that the
approval of the MSCP Plan will happen after close of escrow and that this circumstance will
not affect the transfer of land to the City.
FISCAL IMPACT: The cost for staff time for completing the LOA are covered by the BSO
deposit account. All costs associated with the escrow account including closing cost will be
paid by BSO.
Attachments
~. University Conveyance Area Map
H:\PLANNING\Otay RanchWillage_ll\LOA Uni_Land_Acceptance CC Sffrpt.doc
SPECIAL ORDERS OF THE DAY - 2
SPECIAL ORDERS OF THE DAY - 3
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ACCEPTING A GRANT DEED FOR THE
UNIVERSITY PROPERTY UNDER THE LAND OFFER
AGREEMENT WITH BROOKFIELD SHEA OTAY AND
AUTHORIZING THE CITY CLERK TO ACCEPT AND SIGN
THE GRANT DEED FOR UNIVERSITY LAND FROM
BROOKFIELD SHEA OTAY AND TO ACCEPT THE
IRREVOCABLE OFFEER OF DEDICATION FOR
UNIVERSITY LAND FROM EASTLAKE COMPANY
WHEREAS, in 1999, the City entered into a Letter of Intent with NM Homes Two, Inc.
and other associated companies under which the City agreed to negotiate an Offer Agreement
which would provide for the conveyance of 536.9 acres to the City; and
WHEREAS, in 1999, the City entered into a Letter of Intent with the EastLake Company
under which the City agreed to negotiate an Offer Agreement which would provide for the
conveyance of 45 acres to the City; and
WHEREAS, under the terms of the proposed Land Offer Agreement, NM Homes would
agree to convey 536.9 acres, which has been designated as a portion of the proposed 1,100+
acres "University Site" to the City of Chula Vista; and
WHEREAS, under tile terms of the proposed Land Offer Agreement, EastLake Company
would agree to convey 45 acres, which has been designated as a portion of the proposed 1,100+
acres "University Site" to the City of Chula Vista; and
WHEREAS, Brookfield Shea Otay (successors in interest to NM Homes Two, Inc.) has
agreed to transfer the 536.9 acres prior to approval of the MSCP Plan approvals and will initiate
its own permits with the Wildlife Agencies; and
WHEREAS, the Environmental Review Coordinator has determined that the use of the
property as described in the subject agreements was previously considered in the Otay Ranch
General Development Plan/Subregional Plan Program EIR-90-01 and EastLake III Woods and
Vistas Replanning Program EIR 01-01.
WHEREAS, the terms and conditions regarding the processing of certain land use
entitlements in the Land Off'er Agreement with New Millennium have been met with the
approval of the Village 11 Sectional Planning Area (SPA) Plan and tentative map for Brookfield
Shea Otay; and
WHEREAS, the terms and conditions regarding the processing of certain land use
entitlements in the Land Offer Agreement with the EastLake Company have been met with the
approval of the EastLake Woods and Vistas SPA Plan and tentative map; and
SPECIAL ORDERS OF THE DAY - 4
NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista
does hereby authorize the City Clerk to accept and sign the grant deed from Brookfield Shea
Otay for the conveyance of 536.9 acres to the City and cause the grant deed to be recorded with
the County Recorder's Office.
BE iT FURTHER RESOLVED the City Council of the City of Chula Vista does hereby
authorize the City Clerk to accept the Irrevocable Offer of Dedication from the EastLake
Company for the conveyance of 45 acres to the City and cause such document to be recorded
with the County Recorder's Office.
Presented by Approved as to form by
Robert Leiter John M. Kaheny
Planning and Building Director City Attorney
SPECIAL ORDERS OF THE DAY-5
Friday, November 30, 2001 12:25 PM
To: City Clerk
From: John McCann, 619-421-2587
Page 2 of 2
November 30, 2001
Chula Vista City Clerk
276 Fourth Avenue
Chub V;'1ta, CA 91910
To the City Clerk:
Per my prior conversation with Juan Arroyo, please accept this letter as my resignation
tÌ"<.m1 the Housing Advisory Commission,
! t:nioved serving on the Housing Advisory Commission and will remain acúve in the CÍ"t)
as a Planning Commissioner.
Fiì,inccreJy,.
, \ 1 it\!' ----
\tl....J-.-';"/-_/
:J4~;; McCam1
" I
¡It
CITY COUNCIL AGENDA STATEMENT
Item: ~
Meeting Date: December 11,2001
ITEM TITLE: (a) Resolution approving an application for the Roberti-
Z'Berg-Harris Block (per capita) grant funds to the State of California
Department of Parks and Recreation for the Loma Verde Pool Renovation.
(b) Resolution accepting a grant in the amount of $507,499
from the State of California for Park Projects; and amend the FY01/02 CIP
No. 226 budget to include these funds; and authorizing the Director of
Parks and Recreation, or his designee, to sign the appropriate
documentation with the State of California to accept the grant funds.
SUBMITTED BY: Director Parks and Recreations.
REVIEWED BY: City Manager ~ ~ (4/Sths Vote: Yes X No )
The City of Chula Vista has received notice (Attachment A) of the award of the Roberti-Z'Berg-
Harris Block (per capita) grant funds from the State of California in the amount of $507,499 for
the Loma Verde Pool Renovation.
The City must now submit an application for these grant funds to the State of California,
Department of Parks and Recreation, in order to receive the funds. The State of California
allows the City to apply for and accept the grant simultaneously.
RECOMMENDATION: That the City Council adopt the Resolution(s):
I. Approving the application to the State of California, Department of Parks and
Recreation, for the grant funds for the Loma Verde Pool Renovation Project; and
2. Accepting the grant in the amount of $507,499 from the State of California,
Department of Parks and Recreation; and
3. Amending the FY01/02 CIP No. 226 budget to include these funds; and
4. Authorizing the Director Parks and Recreation, or his designee, to sign the
appropriate and required grant documentation from the State.
BOARDS/COMMISSIONS RECOMMENDATION: N/A
DISCUSSION: The Legislature and the Governor approved the grant fimds for FY 01/02, based
upon the Safe Neighborhood Parks, Clean Water, Clean Air, and Coastal Protection Bond Act of
2000, for project(s) in the City of Chula Vista. The Parks and Recreation Department is
recommending the Loma Verde Pool renovation as the project to fund.
Item a~ , Page 2
Meeting Date: December 11, 2001
Loma Verde Pool
This project provides for renovation work within and adjacent to the existing swimming pool
located at the Loma Verde Recreation Center site. The renovation work to be done generally
consists of demolition, installation of new construction, concrete work required for decks and
walkways, finish work (plaster and ceramic tile), mechanical piping as required for interior of
swimming pool, and removal of existing island increasing the programmable area of the pool.
FISCAL IMPACT: The State of California Legislature has awarded $507,499 to the City of
Chula Vista in grant funds, disbursed through the State of California Parks and Recreation
Department.
Attachment:
Attachment A - State of California Grant Notification
Attachment B Allocation Notification
Attachment C - PR-226
P.O. Box 942896 · Sacramento, CA 94296.000t Rusty Areias, Director
July 19, 2001
Robedi-Z'berg-Harris Block Grant Recipient:
Subject: Procedural Guide
Enclosed is a copy of the procedural guide for the Roberti-Z'berg-Harris
Block Grant Program - under the Safe Neighborhood Parks, Clean Water, Clean
Air, and Coastal Protection Bond Act of 2000. Funds will be available upon
passage of the FY2001/2002 State Budget. Please feel free to apply for your'
allocation after passage of the Budget. However, you must apply and secure a
contract before June 30, 2004.
If you have questions, please contact your project officer. Information
regarding project officer assignments may be obtained from our website at
www.parks.ca.gov/grants/contact.htm. You may also contact the Office of Grants
and Local Services at (916) 653-7423.
Sincerely,
Odel T. King, Jr., Manager
Office of Grants and Local Services
Enclosure
ATTACHMENT A
afe Neighborhood Parks, Clean Water, Clean Air and Coastal Protection Bond Act of 2000 (Villaraigosa-Keeley Act)
~,erti-Z'Berg-Harris Block (Per Capita) Grant Program Allocations
City and District Block Grant Allocations for the RZH City and District Block Grant Allocations for the RZH
Urbanized and tteavil Urbanized Grant Pro rams. Urbanized e Urbanized Grant Pro
county of Pl~cley ;; ;;: Cou~ o~*~'~.~ ~i~a~h~ ,.
City of Rocklin $ 102,635 City of Chino $ 194,206
City of Roseville $ 216,044 City of Chino Hills $ 175,281
City of Colton $ 137,866
City of Calimesa $ 22,565 City of Fontana $ 341,826
City of Cathedral City $ 112,535 City of Grand Terrace $ 39,453
3ity of Coachella $ 53,691 City of Hesperia $ -
City of Corona $ 358,132 City of Highland $ 129,422
City of Hemet $ 127,996 City of Loma Linda $ 64,930
City of Indian Wells $ 8,292 City of Montclair $ 90,115
City of Indio $ 106,450 City of Ontario $ 441,113
City of La Quinta $ 56,486 City of Rancho Cucamonga $ 365,702
City of Moreno Valley $ 411,415 City of Redlands $ 197,409
City of Norco $ 75,411 City of Rialto $ 243,704
City of Palm Desert $ 109,623 City of San Bernardino $ 542,729
City of Palm Springs $ 126,656 City of Upland $ 200,321
City of Rancho Mirage $ 34,794 City of Victorville $
City of Riverside $ 756,153 City of Yucaipa $ 116,029
City of San Jacinto $ 7,599 Town of Apple Valley $ 165,963
Coachella Valley R.P.D. $ 236,772 Bloomington P.R.D. $ 44,012
Jurupa Area R.P.D. $ 232,675 Hesperia P.R.D. $ 185,180
Valley Wide R.P.D. $ 265,876 Victorville R.P.D. $ 222,470
County of sacrament0; C0'unty Of Sa~ Di~i~;;;
City of Citrus Heights $ City of Carlsbad $ 238,754
City of Elk Grove $ 204,179 City of Chula Vista $ 507,499
City of Folsom $ 153,443 City of Coronado $ 71,772
Sacramento $ 1,881,518 City of Del Mar $ 15,723
Arcade Creek R.P.D. $ 71,245 City of El Cajon $ 281,264
Arden Manor R.P.D. $ 23,293 City of Encinitas $ 180,813
Arden Park R.P.D. $ 13,484 City of Escondido $ 372,107
Carmichael R.P.D. $ 131,024 City of Imperial Beach $ 85,020
Cordova R.P.D. $ 278,064 City of La Mesa $ 172,369
Fair Oaks R.P.D. $ 96,084 City of Lemon Grove $ 75,557
Fulton-El Camino R.P.D. $ 80,248 City of National City $ 161,305
Mission Oaks R.P.D. $ 190,861 City of Oceanside $ 468,191
North Highlands R.P.D. $ 116,072 City of Poway $ 143,544
Orangevale R.P.D. $ 96,719 City of San Diego $ 5,936,697
Rio Linda/EIverta P.R.D. $ 66,968 City of San Marcos $ 156,937
Southgate R.P.D. $ 262,047 City of Santee $ 169,749
Sunrise R.P.D. $ 445,481 City of Solana Beach $ 41,782
City of Vista $ 249,527
Page 5 of 7 ATTACHMENT B
RESOLUTION NO. 2001-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING AN APPLICATION FOR THE
ROBERTI-Z'BERG-KARRIS BLOCK (PER CAPITA) GRANT
FUNDS TO THE STATE OF CALIFORNIA DEPARTMENT OF
PARKS AND RECREATION FOR LOMA VERDE POOL
RENOVATION
WHEREAS, the City of Chula Vista has received notice of
the award of the Roberti-Z'BergqHarris Block (per capita) grant
funds from the State of California in the amount of $507,499; and
WHEREAS, it is suggested that these funds be used to fund
the Loma Verde Pool Renovation; and
WHEREAS, the City must now submit an application for
these grant funds to the State of California Department of Parks
and Recreation, in order to receive these funds; and
WHEREAS, the State of California allows the City to apply
for and accept the grant simultaneously.
NOW, THEREFORE, BE IT RESOLVED the City Council of the
City of Chula Vista does hereby approve an application for the
Roberti-Z'Berg-Harris Block (per capita) grant funds to the State
of California Department of Parks and Recreation for the Loma Verde
Pool Renovation.
Presented by Approved as to form by
Andy Campbell, Director J~ M. Kaheny
of Parks & Recreation~ty Attorney
[J:~,ATTORNEY/RESO/GRANT PARK PROJECTS (roberti-z'berg) (December 3, 2001 (9:29AM)}
RESOLUTION NO. 2001-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ACCEPTING A GRANT IN THE AMOUNT OF
$507,499 FROM THE STATE OF CALIFORiqIA FOR PARK
PROJECTS; AND AMENDING THE FY01/02 CIP NO. 226
BUDGET TO INCLUDE THESE FUNDS; AND AUTHORIZING
THE DIRECTOR OF PARKS & RECREATION, OR HIS
DESIGNEE, TO SIGN THE APPROPRIATE
DOCUMENTATION WITH THE STATE OF CALIFORNIA TO
ACCEPT THE GRANT FUNDS
WHEREAS, the City of Chula Vista has received notice of
the award of the Roberti-Z'Berg-Harris Block (per capita) grant
funds from the State of California in the amount of $507,499 for
the Loma Verde Pool Renovation; and
WHEREAS, the City must now submit an application for
these grant funds to the State of California Department of Parks
and Recreation, in order to receive these funds; and
WHEREAS, the State of California allows the City to apply
for and accept the grant simultaneously.
NOW, THEREFORE, BE IT RESOLVED the City Council of the
City of Chula Vista does hereby accept a grant in the amount of
$507,499 from the State of California for Park Projects for grant
funds for the Loma Verde Pool Renovation.
BE IT FURTHER RESOLVED that the FY01/02 CIP No. 226
budget is hereby amended to include these funds.
BE IT FURTHER RESOLVED that the Director of Parks and
Recreation, or his designee, is hereby authorized to sign the
appropriate and required grant documentation from the State.
Presented by Approved as to form by
Andy Campbell John M. Kaheny
Director of Parks & Recreation City Attorney
[J /A~ORNEY/Feso/Grant Acceptallce Park Pr~ects Robe~i-Z'Berg (December 3, 2001 (9:37AM)}
COUNCIL AGENDA STATEMENT
Item '~
Meeting Date 12/11/01
ITEM TITLE: Resolution Accepting bids, awarding contract for the "Loma
Verde Pool Renovation, in the City of Chula Vista, CA (PR-226)"
project to Mission Pools of Escondido in the mount of $955,000.00,
awarding Additive Alternate #3 to Mission Pools of Escondido in the
amount of $21,000.00, and authorizing the City Manager to execute
said contract
SUBMITTED BY: Director of Public Works~ (~
"6
REVIEWED BY: City Manager ~ ~ ~t (4/5ths Vote: __ No X )
At 2:00 p.m. on Thursday, November 15, 2001, the Director of Public Works received sealed
bids for the "Loma Verde Pool Renovation, in the City of Chula Vista, CA (PR-226)" project.
This project provides for renovation work within and adjacent to the existing swimming pool
located at the Loma Verde Recreation Center site. Loma Verde Recreation Center is located at
the North end of Loma Lane in the City of Chula Vista, California. The renovation work to be
done generally consists of demolition, installation of new construction, concrete work required
for decks and walkways, finish work (plaster and ceramic tile), mechanical piping as required for
interior of swimming pool. The work also includes all labor, material, equipment, transportation,
protection and restoration of existing improvements, and all appurtenances and other work
necessary for completion of the project.
RECOMMENDATION:
That Council accept bids and award the contract for the "Loma Verde Pool Renovation, in the
City o£ Chula Vista, CA (PR-226)" project to Mission Pools of' Escondido in the amount of
$955,000.00, awarding Additive Alternate #3 to Mission Pools of Escondido in the amount o£
$21,000.00, and authorizing the City Manager to execute said contract
BOARDS/COMMISSION: Not Applicable
DISCUSSION:
The proposed project provides for renovations within and adjacent to the swimming pool located
at the Loma Verde Recreation Center site. Loma Verde Recreation Center is located at the North
end of Loma Lane in the City of Chula Vista, California.
Loma Verde Pool was built in 1974 and offers programs to over 80,000 participants per year.
The facility is very well maintained by City Staffand major repairs during this period have been
minimal. The mechanical room was renovated in 1996 and is in outstanding condition, however
the deck and vessel itsel£ have out lived projections. Cun'ently, the deck has major stress
fractures and has deteriorated due to chemically treated water throughout. The pool shell was
done in fiberglass, but did not live up to expectations and is showing considerable wear and will
delaminate during the course of construction. It is highly recommended to replace and or update
Page 2, Item ,~
Meeting Date 12/11/01
any structure that lies beneath the deck so demolition to current work can be avoided in the years
to come. Improvements respond to a professional aquatic safety audit that was conducted by an
aquatic consultant in 1997-98 to evaluate pools.
The services of Arch Pac, Inc. were retained for the preparation of the project's plans and
technical specifications. City staff prepared the contract documents and advertised the project.
Bidding Process
A pre-bid meeting for the project was held on Monday,. November 5, 2001 to answer any
questions the contractors had in an effort to receive the most competitive bids possible. Staff
received and opened bids for the project on November 15, 2001.
Bids were received from two (2) contractors to perfom~ the work as follows (listed in order of
base bid amount):
Contractor Base Bid Additive Additive Additive Base Bid and
Amount Alternate gl Alternate #2 Alternate #3 Additive
Alternate Total
Mission Pools of $955,000.00 $36,185.00 $12,096.00 $21,000.00 $1,024,281.00
Escondido
California $1,205,000.00 $56,500.00 $20,500.00 $96,500.00 $1,378,500.00
Commercial Pools
The lowest base bid, submitted by Mission Pools of Escondido, is above the architect's estimate
of $900,000.00 by $55,000.00 or 10.6%. Due to the specialized knowledge and experience
required to perform the work for this project and the aggressive time schedule for construction
completion, staff feels that the bid received is satisfactory. It is staff's experience that these
types of projects draw a low number of bid proposals. Further, the heightened increase in
construction activity in this region accounts for the absence of other bid proposals for a project of
this type.
Engineering staff has worked with Mission Pools of Escondido on a similar project, "The
Parkway Pool Re-Surfacing/Re-Lamping, in the City of Chula Vista, CA (PR-223)" project.
Their work was complete in a satisfactory manner. Their Contractor's License No. 326760 is
clear and current. Staff, therefore, recommends awarding the contract to Mission Pools of
Escondido in the amount of $955,000.00 and Additive Alternate #3 in the amount of $21,000.00
Three bid alternates were included in the bid proposal. The purpose of the bid alternates was to
allow the Contractor to bid on additional work specified in the plans and to give the City
flexibility in the construction of the project if the budget allowed. Additive Alternate gl consists
of removal and replacement of concrete slab at North West comer. Additive Alternate #2
consists of removal and replacement of chain link fence and windscreen. Due to budgetary
constraints and further review of Additive Alternate gl and #2 Staff has concluded that the
condition of the current concrete slab and chain link fence is sufficient and recommends that
Additive Alternate #1 and #2 not be awarded. However, in the future, it should be noted that
these items will eventually wear and tear and will need replacing. Additive Alternate #3 consists
of removal and replacement of the entire gutter supply line. Staff recommends accepting and
awarding Additive Alternate #3 to Mission Pools of Escondido at a cost of $21,000.00 in
Page 3, Item
Meeting Date 12/11/01'
addition to the total contract base bid price. Please note that Additive Alternate #3 will only be
utilized if it is determined that during construction the existing piping is in poor condition.
Contract Execution
In order to expedite the contract schedule for the project, City staff recommends that Council
authorize the Mayor to execute the contract. By allowing the Mayor to execute the
Contract, project construction can begin almost immediately thereafter.
Disclosure Statement
Attachment "A" is a copy of the Contractor's Disclosure Statement.
Environmental Status
Work involved in this project is exempt under Section 15301, Class l(d) of the California
Environmental Quality Act (Existing Facilities).
FISCAL IMPACT:
FUNDS REQUIRED FOR CONSTRUCTION DOLLAR AMOUNT
A. Contract Amount (Mission Pools of Escondido) $955,000.00
B. Additive Alternate #3 $21,000.00
C. Contingencies (approximately 10%) $97,600.00
D. Staff Costs (Design, Inspection, Administration) $60,000.00
TOTAL FUNDS REQUIRED FOR CONSTRUCTION $1,133,600.00
FUNDS AVAILABLE FOR CONSTRUCTION DOLLAR AMOUNT
A. State Recreation Grants $482,650.00
B. State per Capita Grant (Roberti-ZBerg Harris Block Grant) see $507,499.00
accompanying agenda item from the Director of Parks & Recreation
accepting these funds
C. Residential Construction Tax $143,351.00
TOTAL FUNDS AVILABLE FOR CONSTRUCTION $1,133,600.00
The above action of awarding the contract will authorize a total expenditure of $1,133,600.00
from the budgeted CIP project and State Grant Funds. After construction, the routine
maintenance level will be reduced.
J:',Engincer\PDM\Projects\Loma Verde Pool PR-226\PR226A113reva,doc
12/6/01 10:49:49 AM
RESOLUTION NO. 2001-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ACCEPTiNG BIDS, AWARDING CONTRACT
FOR THE "LOMA VERDE POOL RENOVATION, iN THE
CITY OF CHULA VISTA, CA. (PR-226)" PROJECT TO
MISSION POOLS OF ESCONDIDO IN THE AMOUNT OF
$955,000.00, AWARDiNG ADDITIVE ALTERNATE #3 TO
MISSION POOLS OF ESCONDIDO IN THE AMOUNT OF
$21,000.00, AND AUTHORIZING THE MAYOR TO EXECUTE
SAID' CONTRACT
WHEREAS, on November 15, 2001, the Director of Public Works received the following
sealed bids from two (2) contractors for the "Loma Verde Pool Renovation, in the City of Chula
Vista, Ca (PR-226) project:
Contractor Base Bid Additive Additive Additive Base Bid and
Amount Alternate #1 Alternate #2 Alternate #3 Additive
Alternate Total
Mission Pools of $955,000.00 $36,185.00 $12,096.00 $21,000.00 $1,024,281.00
Escondido
California $I,205,000.00 $56,500.00 $20,500.00 $96,500.00 $1,378,500.00
Commercial Pools
WHEREAS, the lowest base bid, submitted by Mission Pools of Escondido, is above the
architect's estimate of $900,000.00 by $55,000.00 or 10.6%; and
WHEREAS, due to the specialized knowledge and experience required to perform the
work for this project and the aggressive time schedule for construction completion, staff feels
that the bid received is satisfactory; and
WHEREAS, staff, therefore, recommends awarding the contract to Mission Pools of
Escondido in the amount of $955,000.00 and Additive Alternate #3 in the amount of $21,000.00
WHEREAS, three bid alternates were included in the bid proposal in order to allow the
Contractor to bid on additional work specified in the plans and to give the City flexibility in the
construction of the project if the budget allo~ved; and
WHEREAS, due to budgetary constraints and further review of Additive Alternate #1
and #2 Staff has concluded that the condition of the current concrete slab and chain link fence is
sufficient and recomrnends that Additive Alternate #I and #2 not be awarded; and
WHEREAS, staff recommends accepting and awarding Additive Alternate #3 to Mission
Pools of Escondido at a cost of $21,000.00 in addition to the total contract base bid price,
however, Additive Alternate #3 will only be utilized if it is determined that during construction
the existing piping is in poor condition.
WHEREAS, ~vork involved in this project is exempt under Section 15301, Class l(d) of the
Califomia Environmental Quality Act (Existing Facilities)
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista does hereby accept bids and award the contract for "Loma Verde Pool Renovation, in the
City of Chula Vista, Ca. (PR-226)" Project to Mission Pools of Escondido in the amount of
$955,000.00, and awarding Additive Alternate #3 to Mission Pool of Escondido in the amount of
$21,000,00.
BE iT FURqi'HER RESOLVED that the Mayor of the City of Chula Vista is hereby
attthorized to execute said contract on behalf of the City of Chula Vista.
Presented by Approved as to form by
John P. Lippitt ./?~n M. Kaheny ~
Director of Public Works /,;,'City Attorney
J: attorney~,reso'~lrm~a verde renovation
COUNCIL AGENDA STATEMENT
Item /-7/f
Meeting Date 12/11/01
ITEM TITLE: Resolution Ratifying the Actions of the Director of Public
Works and Approving Change Order No. 1 for "Phase 1 of the Salt Creek
Gravity Sewer Interceptor (SW-219) / Main Street Pavement
Reconstruction (STM-332)" Project and Authorizing the Director of Pubtic
Works to Execute Said Change Order on Behalf' of the City
SUBMITTED BY: Director of Public Worksg~//l~t~
REVIEWED BY: City Manager f,o V (4/5ths Vote: Yes __ NoB
On September 18,2001, the City Council approved Resolution No. 2001-313 awarding a contract
in the amount of $8,339,467.75 to Hazard Construction Company / T.C. Construction Company,
Inc., A Joint Venture, for "Phase 1 of the Salt Creek Gravity Sewer Interceptor (SW-219) / Main
Street Pavement Reconstruction (STM-332)" Project.
On November 26, 2001, in order to meet significant time constraints, the Director of Public
Works authorized Change Order No. 1 (attached), in the amount of $93,130, for the installation of
two 4" electrical conduits within the Salt Creek Gravity Sewer Interceptor trench between
Industrial Boulevard and Interstate-805. This installation is necessary in order to accommodate
near-term and future communications needs. By installing the conduits now, rather than in the
future, the City will save significant trenching, traffic control, and pavement restoration costs and
will avoid the need to dig through the new street pavement in the near future, with the exception
of vaults and lateral connections. Approval of the proposed Resolution will ratify the Director of
Public Works' actions in authorizing Change Order No. 1.
RECOMMENDATION: That Council approve the Resolution Ratifying the Actions of the
Director of Public Works and Approving Change Order No. 1 for the "Phase 1 of the Salt Creek
Gravity Sewer Interceptor (SW-219) / Main Street Pavement Reconstruction (STM-332)" Project,
increase the contract by $93,130, and authorize the Director of Public Works to execute said
Change Order on behalf of the City.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
Earlier this year, the City Council authorized Global Crossings, Inc. to install five
telecommunications conduits within Fourth Avenue (from "C" Street to Main Street). Global
Crossings installed one of these conduits for the exclusive use of the City. This conduit will be
used to link various City facilities and traffic signals to the City's main computer and
telecommunications systems. In the very near future, there will be a need to link the new Public
Works Center and Transit facility to these systems. In addition, it will be necessary to remotely
monitor sewer flows within the Salt Creek Gravity Sewer Interceptor at various points along its
Page 2, Item '7-
Meeting Date 12/11/01
entire length from Hunte Parkway to Interstate-5. These systems require either hard-wire or fiber
optic linkages to assure communications reliability and security.
Staff has determined that a single 4" conduit will be adequate to meet the City's currently
anticipated needs. The cost of this single conduit is approximately $80,000, including rock
backfill and detector tape. The cost to install a second 4" conduit in the trench would increase the
cost by about $13,000, which is the cost of the conduit only. Staff recommends that the second
conduit be installed now to allow for possible as-yet unanticipated comanunications needs.
Engineering staff has estimated that the cost to install a single conduit within Main Street as a
separate project is approximately $225,000 to $350,000, including full pavement restoration and
traffic controls. By installing the two 4" conduits now, the City will avoid the need to dig
through the new pavement at a later date, at a significant cost savings. The City could sell or rent
space in the second conduit to other telecommunication companies to help recoup costs.
In order to maximize the significant cost benefits of installing the electrical conduit simultaneously
with the sewer pipe, it was necessary for the Director of Public Works to authorize the installation
of the electrical conduit now. This is because the contractor had to order the conduit by
November 26 in order to assure that it is installed at the same time as the sewer pipe. If the
contractor were not authorized to proceed with the installation of the conduit until after the
December 11 City Council meeting, the contractor would not have been able to'obtain the conduit
until about December 17 and they would have needed to dig-up between 2,500 and 3,000 feet of
sewer trench at the westerly end of the project in order to install the electrical conduit. This
would have added at least $25,000 to $30,000 to the cost.
Approval of the proposed Resolution will ratify the Director of Public Works' actions in
authorizing Change Order No. 1.
Future Capital Improvement Program projects will be necessary to construct vaults and/or pull
boxes, install fiber optic or other cable, and to "wire" City facilities.
It should be noted that future easterly phases of the Salt Creek Gravity Interceptor Sewer will
include the conduits as part of the bid package.
FISCAL IMPACTS:
Proposed Change Order No. 1 total is $93,130. The available balance in the SW-219/STM-332
Project Account is sufficient to cover the cost of proposed Change Order No. 1.
Attachment: Change Order No. l
J :\ENGINEER\aGENDA\SW219 CCO#ia.doc
CHUIA VISTA
DEPARTMENT OF PUBLIC WORKS
ENGINEERING DIVISION
CHANGE ORDER NO. 1 DATE: November 21,2001
CONTRACT: SALT CREEK GRAVITY SEWER INTERCEPTOR, REACH 9B
(FILE NO. 0735-10-SW219)
CONTRACTOR: HAZARD CONSTRUCTION COMPANY/TC CONSTRUCTION COMPANY,
(a joint venture)
The following changes shall be made to the referenced contact between the CITY OF
CHULA VISTA and HAZARD CONSTRUCTION COMPANY/TC CONSTRUCTION
COMPANY,INC. (Contractor)
1. The Contractor shall install 2 each 4" schedule 40 conduits
27,800 LF @ $3.35 fora total of $93,130.00
INCLUDES: schedule 40 conduit; %"rock envelope; 6" detector tape; 3' of cover
in same sewer trench on the southerly edge.
The agreed lump sum price includes all costs for furnishing all tools, labor, materials, equipment,
incidental costs and fees for performing the work in this contract change and no additional
compensation will be due.
ORIGINAL CONTRACT PRICE:S3,978,900.00
PREVIOUS CHANGE ORDER: 0.00
THIS CHANGE ORDER;$ 93,130.00
TOTAL CONTRACT PRICE:S4,072,030.00
It is agreed by the undersigned that this work shall be performed and materials furnished in accordance
with the original contract, Green Book specifications and applicable standard drawings.
ORDERED BY ACCEPTED BY APPROVED BY
CLIFFORD L. SWANSON ART HERNANDEZ JOHN P. LIPPITT
Deputy Dir. of Public Work HAZARD CONSTRUCTION Director of Public Works
City Engineer
276 FOURTH AVENUE / CHULA VISTA, CALIFORNIA 91910-2631 / (619) 691-5021
RESOLUTION NO. 2001-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF'
CHULA V1STA RATIFYING THE ACTIONS OF THE
DIRECTOR OF PUBLIC WORKS AND APPROViNG
CHANGE ORDER NO. 1 FOR "PHASE 1 OF THE SALT
CREEK GRAVITY SEWER INTERCEPTOR (SW-219)/MAiN
STREET PAVEMENT RECONSTRUCTION (STM-332)"
PROJECT AND AUTHORIZING THE DIRECTOR OF PUBLIC
WORKS TO EXECUTE SAID CHANGE ORDER ON BEHALF
OF THE CITY
WHEREAS, on September 18, 2001, the City Council approved Resolution No. 2001-
313 awarding a contract in the amount of $8,339,467.75 to Hazard Construction Company/
T.C. Construction Company, inc., A Joint Venture, for "Phase 1 of the Salt Creek Gravity
Sewer Interceptor (SW-219) / Main Street Pavement Reconstruction (STM-332)" Project; and
WHEREAS, on November 26, 2001, in order to meet significant time constraints, the
Director of Public Works authorized Change Order No. 1 in the amount of $93,130, for the
installation of two 4" electrical conduits within the Salt Creek Gravity Sewer Interceptor trench
between Industrial Boulevard and Interstates805; and
WHEREAS, this installation was necessary in order to accommodate near-term and
future communications needs and by installing the conduits now, rather than in the future, the
City will save significant trenching, traffic control, and pavement restoration costs and will
avoid the need to dig through the new street pavement in the near future, with the exception of
vaults and lateral connections; and
WHEREAS, approval of this Resolution will ratify the Director of Public Works'
actions in authorizing Change Order No. 1.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista does hereby ratify the actions of the Director of Public Works and approving Change Order
No. I for "Phase 1 of the Salt Creek Gravity Sewer Interceptor (SW-219)/Main Street Pavement
Reconstruction (STM-332)' Project.
BE IT FURTHER RESOLVED that the Director of Public Works is hereby authorized to
cxecute said Change Order No. 1 on behalf of the City of Chula Vista.
Presented by Approved as to form by
John P. Lippitt Jo,~glVl. KahenY
Director of Public Works ~C~y Attorney
COUNCIL AGENDA STATEMENT
Item
Meeting Date 12/11/01
ITEM TITLE: Resolution Approving Change Order No. 2 for the
"Pavemem Rehabilitation Program, FY 2000/01, at Various Locations in
the City of Chula Vista" (STL-267) Project and Authorizing the Director of
Public Works to Execute Said Change Order on Behalf of the City
SUBMITTED BY: Director of Public WorksA~/(~L/
REVIEWED BY: City Managerial,-a ~ (4/5ths Vote: Yes No X )
On April 24, 2001, the City Council approved Resolution No. 2001-120 awarding a contract in the
amount of $5,472,000 (plus contingencies of $1,100,000) to Nicholas Grant Corporation/
California Commercial Asphalt, A Joint Venture, for "Pavement Rehabilitation Program, FY
2000/01, at Various Locations in the City of Chula Vista" (CIP No. STL-267).
Change Order No. 2 (attached), in the amount of $56,100, is for additional equipment, disposal,
and labor costs necessary to remove unsuitable soil in pavement "dig-out" areas in order to
complete the project in accordance with City standards and to assure the long-term stability and
serviceability of the rehabilitated pavement.
RECOMMENDATION: That Council approve the Resolution approving Change Order No. 2
for CIP Project No. STL-267, "Pavement Rehabilitation Program FY 2000/01 at Various
Locations in the City of Chula Vista", increase the contract by $56,100, and authorize the Director
of Public Works to execute said Change Order on behalf of the City.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
The City's major overlay project has two distinct major phases - "dig-outs" and overlay. The first
phase (dig-outs) involves the removal of failed asphalt concrete pavement and replacement with
new asphalt concrete. Pavement failure in the dig-out areas is primarily due to pavement age,
inadequate pavement structure, and/or poor underlying ("unsuitable") subgrade soil conditions. In
most areas, pavement failure was due to pavement age or inadequate pavement structure.
However, unsuitable wet, clayey subgrade was responsible for pavement failure within significant
portions of Hilltop Drive (south of Palomar Street), Orange Avenue, and Industrial Boulevard.
Placement of asphalt in these dig-out areas required the contractor to either (1) remove and dispose
of the unsuitable subgrade soil to a depth determined on a case-by-case basis in the field and
replace said unsuitable soil with imported, high-quality soil or (2) remove and dispose of a portion
of the unsuitable soil and "bridge" the remaining unsuitable subgrade soil with asphalt concrete.
Page 2, Item
Meeting Date 12/11/01
Because the depth of unsuitable soil generally exceeded three feet, the second alternative was
selected as the most cost-effective. The original project specifications did not provide for removal
and disposal of unsuitable material in the dig-out areas. Proposed Change Order No. 2, in the
amount of $56,100, is for the additional equipment, disposal, and labor costs for the removal of
the unsuitable subgrade soil. The cost ofthe additional asphalt concrete required to "bridge" the
unsuitable subgrade soil is included as a quantity adjustment to the contract dig-out quantity.
It should be noted that Change Order No. 1, authorized by the Director of Public Works in
accordance with Council Policy 574-01 reduced the base contract by $486,977.28. Change Order
No. 1 involved the elimination of pavement reinforcing fiberglass grid, chip seal, and asphalt
berm, the reduction of overlay thickness on several streets from 2 inches to 1-1/2 inches, and the
change in rehabilitation strategy from chip seal to overlay on Hilltop Drive between "I" and "J"
Streets and on East "H" Street between 1-805 and Kernel Place. These changes were necessary
because the dig-out limits and quantities for the project significantly increased by about 150%
since the initial measurements in Summer 2000 and prior to the 2000-01 rainy season. The
increase in dig-out quantities is due to a more rapid rate of pavement deterioration than staff
anticipated would occur during the 2000-01 rainy season. Although Change Order No. 1
decreased the base contract by $486,977.28, the increase in dig-out quantities will result in an
approximate $750,000 increase in the total paid for dig-outs compared to the total as-bid.
It is anticipated that almost all of the $6,572,000 ($5,472,000 base contract plus $1,100,000
contingencies) authorized for the contract by City Council Resolution No. 2001-120 will be
expended. Remaining funds, if any, will be used to rehabilitate streets on List "B" of the contract,
if possible.
FISCAL IMPACTS:
Proposed Change Order No. 2 total is $56,100. Change Order No. 1 decreased the base contract
by $486,977.28. Final quantity adjustments for asphalt dig-out and overlay bid items will be
significantly higher than the quantities as bid. However, the total contract cost, including all
quantity adjustments and change orders, will be within the $6,572,000 ($5,472,000 base contract
plus $1,100,000 contingencies) anthorized by City Council Resolution No. 2001-120. Therefore,
sufficient funds are available in the project account to cover the cost of the proposed change order.
Attachment: Change Order No. 2
J:\Engineer\AGENDA\STL267 CCOg2.doc
CHUIA VISTA
DEPARTMENT OF PUBLIC WORKS
ENGINEERING DIVISION
CHANGE ORDER NO. 2 November 21,2001
0735-10-STL-267
CONTRACTi PAVEMENT REHABILITATION, VARIOUS LOCATIONS IN THE CITY OF
CHULA VISTA, CA
CONTRACTOR: NICHOLAS GRANT, CORP. / CA. COMMERCIAL ASPHALT, A JOINT
VENTURE
The following changes shall be made to the above referenced contract between the CITY OF
CHULA VISTA and NICHOLAS GRANT, CORP./CCAC, A J.V. (Contractor):
ADJUSTMENT OF COMPENSATION AT AGREED PRICE:
Contractor shall provide additional labor and equipment to remove and dispose of any
unsuitable material, as determined by the Engineer, from the dig-out areas within the
project limits. It is mutually agreed that the Contractor will be compensated at an
agreed price of $3,300/day for the work stipulated in this change order.
17days @ $3,300/day
Total Cost = $ 56,100.00
The adjustment of contract time for this change order will be 0 days.
ORIGINAL CONTRACT PRICE: $5,472,000.00
PREVIOUS CHANGE ORDERS: <$486,977.28>
THIS CHANGE ORDER: $ 56~100.00
REVISED TOTAL CONTRACT PRICE: $5,041,122.72
lof2
276 FOURTH AVENUE / CHULA VISTA, CALIFORNIA 91910-2631 / (619) 691-5021
Pavement Rehabilitation, STL-267
Change Order #2
The items in this Change Order qualify for reimbursement under Federal Guidelines and are not
in conflict with the requirements of the Environmental Documentation.
The agreed-upon lump sum prices include all costs for furnishing all tools, labor, materials,
equipment, incidental costs, profit and fees for performing the work in this contract change and
no additional compensation will be due. It is agreed by the undersigned that this work shall be
performed and materials furnished in accordance with the original contract, Green Book
specifications, newly provided plans and specifications, and applicable standard drawings.
ORDERED BY ACCEPTED BY APPROVED BY
CLIFFORD L. SWANSON MARK THUNDER JOHN P. LIPPITT
Deputy Dir. of Public Works/ Nicholas Grant Corp. Director of Public Works
City Engineer
APPROVED BY
DAVID D. ROWLANDS, JR.
City Manager
RATIFIED BY CITY COUNCIL RESOLUTION NO. 2001-120 ON APRIL 24, 2001
2of 2
CITY OF CHULA VISTA
RESOLUTION NO. 2001-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING CHANGE ORDER NO. 2 FOR
THE "PAVEMENT REHABILITATION PROGRAM, FY
2000/01, AT VARIOUS LOCATIONS IN THE CITY OF
CHULA VISTA" (STL-267) PROJECT AND AUTHORIZING
THE DIRECTOR OF PUBLIC WORKS TO EXECUTE SAID
CHANGE ORDER ON BEHALF OF THE CITY
WHEREAS, on April 24, 2001, the City Council approved Resolution No. 2001-120
awarding a contract in the amount of $5,472,000 (plus contingencies of $1,100,000) to
Nicholas Grant Corporation/California Commercial Asphalt, A Joint Venture, for "Pavement
Rehabilitation Program, FY 2000/01, at Various Locations in the City of Chula Vista" (C1P
No. STL-267); and
WHEREAS, Change Order No. 2, in the amount of $56,100, is for additional
equipment, disposal, and labor costs necessary to remove unsuitable soil in pavement "dig-out"
areas in order to complete the project in accordance with City standards and to assure the long-
term stability and serviceability of the rehabilitated pavement.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista does hereby approve Change Order No. 2 for CIP Project No. STL-267, "Pavement
Rehabilitation Program FY 2000/01 at various locations in the City of Chula Vista" to increase
the contract by $56,100.
BE IT FURTHER RESOLVED that the Director of Public Works is hereby authorized to
execute said Change Order No. 2 on behalf of the City of Chula Vista.
Presented by Approved as to form by
John P. Lippitt Jo/h'm. Kaheny
Director of Public Works ~ Attorney
COUNCIL AGENDA STATEMENT
Item:
Meeting Date: 12/11/01
ITEM TITLE: Resolution approving the Three-Party Agreement
between the City of Chula Vista, The EastLake Company (Applicant),
and Kawasaki Theilacker Ueno + Associates (KTU+A) (Consultant)
for Landscape Architectural Services, and authorizing the Mayor to
execute said Agreement.
SUBMITTED BY: Director of Parks and Recreation ~
REVIEWED BY: City Manager~o~ (4/5tbs Vote: Yes No X )
The EastLake Company proposes to develop a Community Park within the EastLake Trails Project
in satisfaction of the parkland obligation for the EastLake Trails project and carry-over obligations
from previous EastLake I and EastLake II Projects.
RECOMMENDATION: That Council adopt the Resolution approving the Three-Party Agreement
between the City of Chula Vista, The EastLake Company, and KTU+A for Landscape Architectural
Services.
BOARDS/COMMISSIONS RECOMMENDATION: Not Applicable
DISCUSSION:
Background
In satisfaction of the City Parkland Dedication Ordinance, in partial satisfaction for entitlements
received for the EastLake I, II, and III projects and in satisfaction of Conditions of Approval for the
EastLake Trails project the EastLake Company is providing a 'tm-key' public community park on
23-acres within the Salt Creek corridor. To realize this community park a landscape architectural
design firm is needed to provide a community park master plan.
Consultant Selection Process
The Parks and Recreation Department, following the City's Purchasing Ordinance process described
within the Municipal Code Section 2.56.220-2.56.240, having publicly advertised and receiving 15
submittals, interviewed six firms and selected the Landscape Architectural firm of KTU+A as the
best qualified to provide the master planning services for the development of this community park.
Page 2, Item:
Meeting Date: 12/11/01
This selection was based upon the firm's qualifications, experience of professional staff, the project
team's related expertise, demonstrated performance of similar work, the quality of proposal
submitted, interview presentation, and response to questions.
The Consultant represents that they are experienced and staffed in a manner such that they can
prepare and deliver the required services to the City. The Department of Parks and Recreation staff
has negotiated the details of this Agreement in accordance with the procedures set forth in Section
2.56.1 l0 of the Chula Vista Municipal Code.
Scope of Work
Under the terms of this Agreement and in conjunction with City staff, KTU+A will prepare a
Community Park Master Plan. Upon successful completion of the Master Plan work effort work
will continue with design development, construction drawings, and thereafter, actual park
construction.
The community center building's construction may proceed on a delayed schedule until funds are
secured to pay for that aspect of the community park.
The master plan responsibilities and services will be provided as needed, but not limited to the
following:
4. Scope of Work ("Services"):
4.1 Park Master Plan - Provide professional Landscape Architectural Services as required to
prepare, submit, and obtain the Approval from the City Council for an EastLake Trails
Community Park Master Plan. The Plan shall be prepared to the satisfaction of the
Director of Parks and Recreation. The Plan shall consist of a Preliminary Master Plan,
Draft Master Plan, and Master Plan with accompanying support documents as outlined in
Paragraph 5 as a Detailed Scope of Work.
4.2 Addenda to Contract Scope of Work - Parties acknowledge that the Scope of Services
and/or Fees may be adjusted upon successful completion of the master planning work
effort, as defined solely by the City, if mutually agreeable to all parties to continue the
park's development with Consultant providing design development, construction
documents, and construction administration phases of work. Addenda shall define
phases and Consultant services and shall be presented to City Council for approval.
Page 3, Item:
Meeting Date: 12/11/01
5. Detailed Scope of Work ("Detailed Services"):
5.1 Park Programming - The preliminary park programming used to prepare the Master Plan
is subject to change as a result of the work effort. The preliminary progranuning is
established at this time to include the following:
1. Two soccer fields with 40-foot candle lighting and sized at 225' x 360'
2. Twelve picnic tables, some with BBQ's and shade structures
3. Two tot lots with play equipment targeting different age groups
4. Two tennis courts with lighting
5. Two basketball courts with lighting
6. An informal facility (not monitored) to accommodate skate boarding and roller
blading
7.A mstroom/maintenance building
8.A community trail loop around the park site
9.Automobile parking
10. Open lawn areas
11. A Community Center to provide multi-purpose community recreational services
including; Recreational Programs, Human Services, Educational Services, Classes,
and Meeting/Rental space. The 19,500 square foot building is to include:
· A 2,000 sq. fi. teen annex (occupancy 400) with dividable spaces and utility
kitchen
· Multi-purpose dividable room
· 12,000 sq. ft. gymnasium with full court
· 1,900 sq. ft. weight room
· Game room
· Craft room
· Kitchen
· Restrooms and shower with dressing room
· Office
· Utility room
· Custodial room
· Commensurate storage for each activity space
The master plan work effort shall include a review of this programming and provide a
determination for the appropriateness of the programming for this park site and if
appropriate make recommendations for modification.
5.2 Community Workshops: Organize, coordinate, and conduct three public community
workshops to solicit input from the surrounding residents and interested citizens on the
park's development.
Page 4, Item:
Meeting Date: 12/11/01
5.3 Research, Inventory, and Site Analysis: Provide an analysis of existing site conditions
related to park programming. Consult with City and Applicant regarding opportunities,
constraints of existing site conditions, and current design. Evaluate and describe
opportunities and constraints in graphic form including the following:
· Legal and physical boundaries
· Holdings and easements
· Historical or archaeological significance
· Cimulation and access
· Adjacent conditions and uses
· Applicable ordinances
· Zoning, codes, and guidelines
· Soil and hydrology
· Adjacent wetland and open space
· Orientation to climate and sun
· Orientation to views and spatial patterns
5.4 Conceptual Master Plan: Prepare three scenarios as conceptual alternatives illustrating
differences in arrangement of uses, program emphasis, and character of the park.
Evaluate pros and cons of alternatives and work with City and Applicant to define a
preferred scenario. Refine preferred scenario including the following:
· Refined program modules
· Order of magnitude costs
· Conceptual ideas for alternatives
· Architecture and facility diagrams
· Site cross-sections
· Functional relationships
· Social relationships
· Aesthetic and environmental opportunities
5.5 Develop the refined preferred scenario Conceptual Master Plan in three stages as 1) a
Preliminary Master Plan, 2) a Draft Master Plan, and 3) a Master Plan. Develop and
incorporate the following elements at each of the three stages:
· All existing and proposed improvements
· Park and recreational facilities clearly identified
· Open space areas
· Trail system (pedestrian, bicycling, hiking, equestrian)
· Types of fencing, retaining and freestanding walls
· Walkways, pedestrian and vehicular circulation, interface, and protections and
parking
Page 5, Item:
Meeting Date: 12/11/01
· Irrigation mainline layout, with proposed and existing water meters
· Areas to receive conventional irrigation, temporary, drip, or none (as applicable)
· Water conservation measures
· Lighting concepts
· Indicate plant palette (botanical and common name), with types, location sizes, and
percentage of quantity by size, both proposed and existing, and the stated design
function and purpose of each type:
· Slope and erosion control treatment
· Street trees
· Seeding and container stock
· Distinguish between groundcovers or lawn areas and method of separation
· Relative drought tolerance of materials proposed
· Relative fire retardance of materials proposed
· Maintenance responsibilities and boundaries
· Grading design and drainage intent
· Signage and monumentation
· Property lines, easements, and deed restrictions
· Paved, unpaved areas, and types of paving
· Views (on-site and off-site) opportunities, preservation, and enhancements
· Implementation plan
· Financing plan
· Phasing plan (if appropriate)
· Estimate of probable construction costs with 15% contingency. The total
construction_cost shall equal the City provided park construction budget.
· Architectural thematic design of building(s) including: thematic elevations,
programming to establish building footprint and estimate of probable costs with
15% contingency.
5.6 Filing Application: Prepare the appropriate plans and documents, which are required by
the City, complete and submit the Park Master Plan Processing Application Form.
5.7 Estimate of Probable Cost: Provide an itemized analysis of costs of all elements of the
Project. Review with the City and Applicant. Work with City and Applicant to develop
a cost strategy including the budget and/or phasing of improvements.
5.8 Meetings - Consultant shall provide written agendas and meeting notes for all meetings:
· Pre-Application Meeting: Meet with the Applicant and the City to familiarize the
Consultant with design issues and expectations related to development of the park
from the point of view of both the Applicant and the City. Review the park
program and elements with appropriate agencies.
Page 6, Item:
Meeting Date: 12/11/01
· Evaluation Meeting: Present three scenarios (as defined in 5.4) to City and
Applicant. City will select a preferred alternative if acceptable. Respond to
comments as directed by City staff.
· Refined Scenario Meetings: Present mfmement of selected Preferred Altemative of
Conceptual Plan to City and Applicant as necessary to obtain City staff approval.
· Periodic Meetings: Attend all meetings as listed in Exhibit D attached hereto.
· Parks and Recreation Commission Presentation: Present the Draft Park Master
Plan to the Parks and Recreation Commission for review and comment. Respond
to comments as directed by City staff. Present to Parks and Recreation
Commission refined alternatives until Draft Park Master Plan is found acceptable
to the Parks and Recreation Commission.
· City Council Presentation: Present the Final Park Master Plan to City Council for
approval. Provide revisions or response to conditions of approval.
5.9 City Approval - Continue working with City staff and the Director of Parks and
Recreation to obtain written approval of the Park Master Plan from the City Council.
5.10 Additional Services: Additional services include but are not limited to:
· Revisions and changes to City and Applicant approved drawings.
· Presentations to Public Agencies or meetings beyond those listed in the above
Scope of Services.
· Preparation of design alternatives after the completion of the Preliminary Master
Plan.
· Additional services will be performed on an hourly basis only upon the prior
approval of the City at the rates set forth in Exhibit C.
Contract Payment:
The total not-to-exceed amount to be paid to the Consultant is $157,002.00. The Project Applicant
has previously paid monies to the City in partial satisfaction of the Project's Parkland Acquisition
and Development Obligation. The City has these monies in a deposit account and will use the
money to pay for the Consultant's services. The City will also receive a standard administration fee
amounting to 10% of the Contract. The Project's Applicant will also reimburse the City for any staff
time associated with the implementation of the Contract through a separate staff processing deposit
account that has already been established.
Conclusions
Staffbelieves, based upon a full understanding of the issues involved, that the City will realize an
increased benefit in the recreational resoumes available to the residents of Chula Vista. Staff
Page 7, Item:
Meeting Date: 12/11/01
recommends, based upon the benefits of this agreement, that the City Council approve the proposed
Agreement.
FISCAL IMPACT:
There will be no resulting impact to the General Fund. KTU+A consulting fees will be paid by the
Project Applicant (The EastLake Company) through existing deposit accounts.
Attachment:
Three Party Agreement
RESOLUTION NO. 2001-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE THREE-PARTY
AGREEMENT BETWEEN THE CITY OF CHULA VISTA,
THE EASTLAKE COMPANY (APPLICANT), AND
KAWASAKI THEILACKER VENO + ASSOCIATES
(KTU+A) (CONSULTANT) FOR LANDSCAPE
ARCHITECTURAL SERVICES, AND AUTHORIZING THE
MAYOR TO EXECUTE SAID AGREEMENT
WHEREAS, in satisfaction of the City Parkland Dedication Ordinance, in partial
satisfaction for entitlements received for the EastLake I, II, and III projects and in satisfaction of
Conditions of Approval for the EastLake Trails project, the EastLake Company is providing a
"turn-key" public community park on 23 acres within the Salt Creek corridor; and
WHEREAS, the EastLake Company proposes to develop a Community Park within the
EastLake Trails Project in satisfaction of the parkland obligation for the EastLake Trails project
and carry-over obligations from previous EastLake I and EastLake II Projects; and
WHEREAS, to realize this community park, a landscape architectural design firm is
needed to provide a community park master plan; and
WHEREAS, the Parks and Recreation Department, in accordance with Municipal Code
Sections 2.56.220-240, publicly advertised and received 15 submittals, interviewed six firms and
selected the Landscape Architectural firm of KTV + A as the best qualified to provide the master
planning services for the development of the community park.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista, does hereby approve the Three Party Agreement between the City of Chula Vista, The
EastLake Company and Kawasaki Theilacker Veno + Associates for Landscape Architectural
Services, a copy of which shall be kept on file in the office of the City Clerk.
BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is hereby
authorized and directed to execute said agreement on behalf of the City.
PREPARED BY:
APPROVED AS TO FORM BY:
J~~ WrzJ
City Attorney
Andy Campbell
Director of Parks and Recreation
¡,\"""'",y\,,yo\KTU+A Age"m'"'
h--f
Three Party Agreement
Between
City ofChula Vista,
KTV+A, Landscape Architects, Consultant, and
The EastLake Company LLC, Applicant
For Consulting Work to be Rendered
with regard to Applicant's Project
I.
Parties
This Agreement is made as of the reference date set forth in Exhibit A, for the purposes of
reference only, and effective as of the date last executed by the parties hereto, between the City of
Chula Vista (OCity") herein, a municipal corporation of the State of California, the person designated
on the attached Exhibit A as "Consultant" KTV+A Landscape Architects whose business form and
address is indicated on the attached Exhibit A, and the person designated on the attached Exhibit A
as "Applicant" The EastLake Company LLc., (ELC) A California Corporation whose business form
and address is indicated on the attached Exhibit A, and is made with reference to the following facts:
2.
Recitals, Warranties and Representations.
2.1.
Warranty of Ownership.
Applicant warrants that Applicant is the owner ofland ("Property") commonly known as, or
generally located as, described on Exhibit A, Paragraph I, or has an option or other entitlement to
develop said Property.
2.2. Applicant desires to develop the Property with the Project described on Exhibit A,
Paragraph 2, and in that regard, has made application ("Application") with the City for approval of
the plan, map, zone, or other permits ("Entitlements") described on Exhibit A, Paragraph 3.
2.3. In order for the City to process the Application of Applicant, Work of the general
nature and type described in Exhibit A, Paragraph 4, ("Work") will need to be completed.
2.4. City does not presently have the "in-house" staff or resources to process the
application within the time frame requested for review by the Applicant.
2.5. This agreement proposes an arrangement by which Applicant shall retain, and be
liable for the costs of retaining, Consultant, who shall perform the services required of Consultant by
this Agreement solely to, and under the direction of, the City.
2.6. Additional facts and circumstances regarding the background for this agreement are
set forth on Exhibit B;
3ptyagmt .
December II, 2001
City ofChula VistalKTU+NThe EastLake Company
Page I
(;-9
3.
Agreement.
NOW, THEREFORE, IT IS MUTUALLY AGREED TO AND BETWEEN THE CITY,
CONSULTANT, AND APPLICANT AS FOLLOWS:
3.1.
Employment of Consultant by Applicant~
Consultant is hereby engaged by the Applicant, not the City, and at Applicant's sole cost and
expense, to perform to, and for the primary benefit of, City, and solely at City's direction, all of the
services described on the attached Exhibit A, Paragraph 4, entitled "General Nature of Consulting
Services", ("General Services"), and in the process of performing and delivering said General
Services, Consultant shall also perform to and for the benefit of City all of the services described in
Exhibit A, Paragraph 5, entitled "Detailed Scope of Work", ("Detailed Services"), and all services
reasonable necessary to accomplish said General Services and Detailed Scope of Work, and shall
deliver such documents required ("Deliverables") herein, all within the time ftames herein set forth,
and in particular as set forth in Exhibit A, Paragraph 6, and if none are set forth, within a reasonable
period of time for the diligent execution of Consultant's duties hereunder. Time is ofthe essence of
this covenant.
The Consultant does hereby agree to perform said General and Detailed Services to and for
the primary benefit of the City for the compensation herein fixed to be paid by Applicant.
In delivering the General and Detailed Services hereunder, the Consultant shall do so in a
good, professional manner consistent with that level of care and skill ordinarily exercised by
members ofthe profession currently practicing under similar conditions and in similar locations, at
its own cost and expense except for the compensation and/or reimbursement, if any, herein
promised, and shall furnish all of the labor, technical, administrative, professional and other
personnel, all supplies and materials, machinery, equipment, printing, vehicles, transportation, office
space and facilities, calculations, and all other means whatsoever, except as herein otherwise
expressly specified to be furnished by the City or Applicant, necessary or proper to perform and
complete the work and provide the Services required of the Consultant.
3.2.
Compensation of Consultant.
Applicant shall compensate Consultant for all services rendered by Consultant without regard
to the conclusions reached by the Consultant, and according to the terms and conditions set forth in
Exhibit C adjacent to the governing compensation relationship indicated by a "checkmark" next to
the appropriate arrangement, by paying said amount to the City, within I 5 days of Consultant's
billing, or in accordance with the security deposit provisions of Paragraph 3.3 and Exhibit C, if
checked, and upon receipt of such payment by the City, City shall promptly, not later than 15 days,
or in accordance with the Bill Processing procedure in Exhibit C, if checked, pay said amount to the
Consultant. City is merely acting in the capacity as a conduit for payment, and shall not be liable for
the compensation unless it receives same from Applicant. Applicant shall not make any payments of
compensation or otherwise directly to the Consultant.
3ptyagmt
December 11,2001
City ofChula VistalKTV+NThe EastLake Company
Page 2
r; -/0
3.2.1. Additional Work. Ifthe Applicant, with the concurrence of City, determines
that additional services (" Additional Services") are needed from Consultant of the type Consultant is
qualified to render or reasonably related to the Services Consultant is otherwise required to provide
by this Agreement, the Consultant agrees to provide such additional services on a time and materials
basis paid for by Applicant at the rates set forth in Exhibit C, unless a separate fixed fee is otherwise
agreed upon in writing for said Additional Work between the parties.
3.2.1.1. In the event that the City shall determine that additional work is
required to be performed above and beyond the scope of work herein provided, City will consult
with Applicant regarding the additional work, and if thereupon the Applicant fails or refuses to
arrange and pay for said Additional Services, the City may, at its option, suspend any further
processing of Applicant's Application until the Applicant shall deposit the City's estimate of the costs
of the additional work which the City determines is or may be required. Applicant shall pay any and
all additional costs for the additional work.
3.2.2. Reductions in Scope of Work.
City may independently, or upon request from Consultant, ftom time to time reduce
the Services to be performed by the Consultant under this Agreement. Upon doing so, City and
Consultant agree to meet in good faith and confer for the purpose of negotiating a corresponding
reduction in the compensation associated with said reduction. Upon failure to agree, the City may
unilaterally reduce the Fixed Fee by the amount of time and materials budgeted by Consultant for the
Services deleted.
3.3.
Security for Payment of Compensation by Applicant.
3.3.1. Deposit. As security for the payment of Consultant by Applicant, Applicant
shall, upon execution of this Agreement, deposit the amount indicated on Exhibit C as "Deposit
Amount" with the City, as trustee for Consultant, the conditions of such trust being as indicated on
Exhibit C and as herein below set forth:
3.3.1.1 Other Terms of Deposit Trust.
3.3.1.1.1. City shall also be entitled to retain from said Deposit all
costs incurred by City for which it is entitled to compensation by law or under the terms of this
agreement.
3.3.1.1.2. All interest earned on the Deposit Amount, if any, shall
accrue to the benefit of, and be used for, Trust purposes. City may, in lieu of deposit into a separate
bank account, separately account for said deposit in one or more of its various bank accounts, and
upon doing so, shall proportionately distribute to the Deposit Trust, the average interest earned
during the period on its general fuod.
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3.3.1.1.3. Any unused balance of Deposit Amount, including any
unused interest earned, shall be returned to Applicant not later than 30 days after the termination of
this Agreement and any claims resulting there from.
3.3.1.1.4. Applicant shall be notified within 30 days after of the use of
the Deposit in any manner. Nothing herein shall invalidate use of the Deposit in the manner herein
authorized.
3.3.1.1.5. At such time as City shall reasonably determine that
inadequate fuods remain on Deposit to secure future compensation likely due Consultant or City,
City may make demand of Applicant to supplement said Deposit Amount in such amount as City
shall reasonably specify, and upon doing so, Applicant shall, within 30 days pays said amount
("Supplemental Deposit Amount") to City. Said Supplement Deposit Amount or Amounts shall be
governed by the same terms of trust governing the original Deposit.
3.3.2. Withholding of Processing.
In addition to use of the Deposit as security, in order to secure the duty of Applicant
to pay Consultant for Services rendered under this agreement, City shall be entitled to withhold
processing of Applicant's Application upon a breach of Applicant's duty to compensate Consultant.
4.
Non-Service Related Duties of Consultant.
4.1.
Insurance.
Consultant represents that it and its agents, staff and subconsultants employed by it in
connection with the Services required to be rendered, are protected against the risk of loss by the
following insurance coverage's, in the following categories, and to the limits specified, policies of
which are issued by Insurance Companies that have a Best's Rating of "A, Class V" or better, or shall
meet with the approval ofthe City:
4.1.1. Statutory Worker's Compensation Insurance and Employer's Liability
Insurance coverage in the amount set forth in the attached Exhibit A, Paragraph 10.
4.1.2. Commercial General Liability Insurance including Business Automobile
Insurance coverage in the amount set forth in Exhibit A, Paragraph 10, combined single limit applied
separately to each project away from premises owned or rented by Consultant, which names City
and Applicant as an Additional Insured, and which is primary to any policy which the City may
otherwise carry ("Primary Coverage"), and which treats the employees of the City and Applicant in
the same manner as members of the general public ("Cross-liability Coverage").
4.1.3. Errors and Omissions insurance, in the amount set forth in Exhibit A,
Paragraph 10, unless Errors and Omissions coverage is included in the General Liability policy.
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4.2.
Proof of Insurance Coverage.
4.2.1. Certificates of Insurance. Consultant shall demonstrate proof of coverage
herein required, prior to the commencement of services required under this Agreement, by delivery
of Certificates of Insurance demonstrating same, and further indicating that the policies may not be
canceled without at least thirty (30) days written notice to the Additional Insured.
4.2.2. Policy Endorsements Required. In order to demonstrate the Additional
Insured Coverage, Primary Coverage and Cross-liability Coverage required under Consultant's
Commercial General Liability Insurance Policy, Consultant shall deliver a policy endorsement to the
City and Applicant demonstrating same.
4.3.
Public Statements.
All public statements and releases to the news media shall be the responsibility of the City
and the Applicant. The Consultant shall not publish or release news items, articles or present
lectures on the Project, either during the course ofthe study or after its completion, except on written
concurrence of the City and Applicant.
4.4.
Communication to Applicant.
Consultant shall not communicate directly to the Applicant except in the presence of the City,
or by writing an exact copy of which is simultaneously provided to City, except with the express
consent of City. The Consultant may request such meetings with the Applicant to ensure the
adequacy of services performed by Consultant.
5.
Non-Compensation Duties of the Applicant.
5.1.
Documents Access.
The Applicant shall provide to the Consultant, through the City, for the use by the Consultant
and City, such documents, or copies of such documents requested by Consultant, within the
possession of Applicant reasonably useful to the Consultant in performing the services herein
required of Consultant, including but not limited to those described in Exhibit A, Paragraph 7.
5.2.
Property Access.
The Applicant hereby grants permission to the City and Consultant to enter and access the
Property, to take any borings, make any tests, conduct any surveys or reconnaissance necessary to
deliver the Services of Consultant, subject to the approval of the Applicant. Consultant shall
promptly repair any damage to the subject property occasioned by such entry and shall indemnifY,
defend, and hold Applicant harmless from all loss, cost, damage, expenses, claims, and liabilities in
connection with or arising from any such entry and access.
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5.3.
Communication to Consultant.
Applicant shall not communicate directly to the Consultant except in the presence ofthe City,
or by writing an exact copy of which is simultaneously provided to City, except with the express
consent of City. The Applicant may request such meetings as they desire with the Consultant to
ensure the adequacy of services performed by Consultant.
6.
Administrative Representatives.
Each party designates the individuals ("Administrators") indicated in Exhibit A, Paragraph 8,
as said party's contract administrator who is authorized by said party to represent them in the routine
administration of this agreement.
7.
Conflicts of Interest
7.1.
Consultant is Designated as an FPPC Filer.
If Consultant is designated on Exhibit A, Paragraph 9, as an "FPPC filer", Consultant is
deemed to be a "Consultant" for the purposes of the Political Reform Act conflict of interest and
disclosure provisions, and shall report his economic interests to the City Clerk on the required
Statement of Economic Interests in such reporting categories as are specified in Paragraph 9 of
Exhibit A, or if none are specified, then as determined by the City Attorney.
7.2.
Decline to Participate.
Regardless of whether Consultant is designated as an FPPC Filer, Consultant shall not make,
or participate in making or in any way attempt to use Consultant's position to influence a
governmental decision in which Consultant knows or has reason to know Consultant has a financial
interest other than the compensation promised by this Agreement.
7.3.
Search to Determine Economic Interests.
Regardless ofwhether Consultant is designated as an FPPC Filer, Consultant warrants and
represents that Consultant has diligently conducted a search and inventory of Consultant's economic
interests, as the term is used in the regulations promulgated by the Fair Political Practices
Commission, and has determined that Consultant does not, to the best of Consultant's knowledge,
have an economic interest which would conflict with Consultant's duties under this agreement.
7.4.
Promise Not to Acquire Conflicting Interests.
Regardless of whether Consultant is designated as an FPPC Filer, Consultant further warrants
and represents that Consultant will not acquire, obtain, or assume an economic interest during the
term of this Agreement which would constitute a conflict of interest as prohibited by the Fair
Political Practices Act.
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7.5.
Duty to Advise of Conflicting Interests.
Regardless of whether Consultant is designated as an FPPC Filer, Consultant further warrants
and represents that Consultant will immediately advise the City Attomey of City if Consultant learns
. of an economic interest of Consultant's that may result in a conflict of interest for the purpose of the
Fair Political Practices Act, and regulations promulgated thereunder.
7.6.
Specific Warranties Against Economic Interests.
Consultant warrants and represents that neither Consultant, nor Consultant's immediate
family members, nor Consultant's employees or agents ("Consultant Associates") presently have any
interest, directly or indirectly, whatsoever in the property which is the subject matter ofthe Project,
or in any property within 10 radial miles from the exterior boundaries of the property which is the
subject matter of the Project, or ("Prohibited Interest").
Consultant further warrants and represents that no promise of future employment,
remuneration, consideration, gratuity or other reward or gain has been made to Consultant or
Consultant Associates by Applicant or by any other party as a result of Consultant's performance of
this Agreement. Consultant promises to advise City of any such promise that may be made during
the Term of this Agreement, or for 12 months thereafter.
Consultant agrees that Consultant Associates shall not acquire any such Prohibited Interest
within the Term of this Agreement, or for 12 months after the expiration of this Agreement.
Consultant may not conduct or solicit any business for any party to this Agreement, or for
any third party that may be in conflict with Consultant's responsibilities under this Agreement.
8.
Default of the Consultant for Breach.
This agreement may be terminated by the City for default if the Consultant breaches this
agreement or ifthe Consultant refuses or fails to pursue the work under this agreement or any phase
of the work with such diligence which would assure its completion within a reasonable period of
time. Termination of this agreement because of a default of the Consultant shall not relieve the
Consultant from liability of such default.
9.
City's Right to Terminate Payment for Convenience, Documents.
9.1. Notwithstanding any other section or provision ofthis agreement, the City shall have
the absolute right at any time to terminate this agreement or any work to be performed pursuant to
this agreement.
9.2. In the event of termination ofthis agreement by the City in the absence of default of
the Consultant, the City shall pay the Consultant for the reasonable value of the services actually
performed by the Consultant up to the date of such termination, less the aggregate of all sums
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previously paid to the Consultant for services performed after execution of this agreement and prior
to its termination.
9.3. The Consultant hereby expressly waives any and all claims for damage or
compensation arising under this agreement, except as set forth herein, in the event of such
termination.
9.4. In the event of termination of this agreement, and upon demand of the City, the
Consultant shall deliver to the City, all field notes, surveys, studies, reports, plans, drawings and all
other materials and documents prepared by the Consultant in performance of this agreement, and all
such documents and materials shall be the property of the City; provided however, that the
Consultant may retain copies for their own use and the City shall provide a copy, at Applicant's cost,
of all such documents to the Applicant.
9.5. Applicant shall have no right to terminate Consultant, and shall not exercise any
control or direction over Consultant's work.
10.
Administrative Claims Requirement and Procedures
No suit shall be brought arising out of this agreement, against the City, unless a claim has
first been presented in writing and filed with the City of Chula Vista and acted upon by the City of
Chula Vista in accordance with the procedures set forth in Chapter 1.34 of the Chula Vista
Municipal Code, the provisions of which are incorporated by this reference as if set fully set forth
herein.
11.
Hold Harmless and Indemnification
11.1.
Indemnification and Hold Harmless Agreement.
With respect to any liability, including but not limited to claims asserted or costs, losses,
attorney fees, or payments for injury to any person or property caused or claimed to be caused by the
acts or omissions ofthe Consultant, or the Consultant's employees, agents and officers, arising out
of any services performed involving this project, except liability for Professional Services covered
under Section 11.2 the Consultant agrees to defend, indemnify, protect and hold harmless the City,
its agents, officers, or employees ftom and against all liability. Also covered is liability arising ftom,
connected with, caused by, or claimed to be caused by the active or passive negligent acts or
omissions of the City, its agents, officers, or employees which may be in combination with the active
or passive negligent acts or omissions ofthe Consultant, its employees, agents, or officers, or any
third party. The Consultant's duty to indemnify, protect, and hold harmless shall not include any
claims or liabilities arising from the sole negligence or sole willful misconduct of the City, its agents,
officers, or employees. This Section in no way alters, affects or modifies the Consultant's obligation
and duties under Section I herein and Exhibit A to this Agreement.
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11.2. Indemnification for Professional Services
As to the Consultant's professional obligation, work or services involving this Project, the
Consultant agrees to indemnity, defend and hold harmless the City, its agents, officers, and
employees ftom and against any and all liability, claims, costs, and damages, including but not
limited to, attorneys fees, losses or payments for injury to any person or property, caused directly or
indirectly from the negligent acts, errors or omissions of the Consultant or the Consultant's
employees, agents, or officers; provided, however, that the Consultant's duty to indemnity shall not
include any claims or liability arising from the negligence or willful misconduct of the City, its
agents, officers and employees.
11.3. Applicant to Indemnify City re Compensation of Consultant.
Applicant agrees to defend, indemnify and hold the City harmless against and from any and
all claims, losses, damages, expenses or expenditures of City, including its elected officials, officers,
employees, agents, or representatives ofthe City ("City Indemnitees"), in any way resulting from or
arising out of the refusal to pay compensation as demanded by Consultant for the performance of
services required by this Agreement.
12.
Business Licenses
Applicant agrees to obtain a business license ftom the City and to otherwise comply with
Chula Vista Municipal Code, Title 5. Applicant further agrees to require Consultant to obtain such
business license and to comply with Chula Vista Municipal Code, Title 5.
13.
Ownership,. Publication, Reproduction and Use of Material
All reports, studies, information, data, statistics, forms, designs, plans, procedures, systems
and any other materials or properties produced under this Agreement shall be the sole and exclusive
property of City. No such materials or properties produced in whole or in part under this Agreement
shall be subject to private use, copyrights or patent rights by Consultant in the United States or in
any other country without the express written consent of City. City shall have unrestricted authority
to publish, disclose (except as may be limited by the provisions of the Public Records Act),
distribute, and otherwise use, copyright or patent, in whole or in part, any such reports, studies, data,
statistics, forms or other materials or properties produced under this Agreement.
14.
Miscellaneous.
14.1.
Consultant not authorized to Represent City.
Unless specifically authorized in writing by City, neither Consultant nor Applicant shall have
authority to act as City's agent to bind City to any contractual agreements whatsoever.
14.2. Notices.
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All notices, demands or requests provided for or permitted to be given pursuant to this
Agreement must be in writing. All notices, demands and requests to be sent to any party shall be
deemed to have been properly given or served ifpersonally served or deposited in the United States
mail, addressed to such party, postage prepaid, registered or certified, with return receipt requested,
at the addresses identified for the parties in Exhibit A.
14.3. Entitlement to Subsequent Notices.
No notice to or demand on the parties for notice of an event not herein legally required to be
given shall in itself create the right in the parties to any other or further notice or demand in the
same, similar or other circumstances.
14.4. Entire Agreement.
This Agreement, together with any other written document referred to or contemplated
herein, embody the entire Agreement and understanding between the parties relating to the subject
matter hereof. Neither this Agreement nor any provision hereof may be amended, modified, waived
or discharged except by an instrument in writing executed by the party against which enforcement of
such amendment, waiver or discharge is sought.
14.5. Capacity of Parties.
Each signatory and party hereto hereby warrants and represents to the other party that it has
legal authority and capacity and direction from its principal to enter into this Agreement; that all
resolutions or other actions have been taken so as to enable it to enter into this Agreement.
14.6.
Governing LawNenue.
This Agreement shall be governed by and construed in accordance with the laws ofthe State
of California. Any action arising under or relating to this Agreement shall be brought only in the
federal or state courts located in San Diego County, State of California, and if applicable, the City of
Chula Vista, or as close thereto as possible. Venue for this Agreement, and performance hereunder,
shall be the City of Chula Vista.
14.7. Modification.
No modification or waiver of any provision of this Agreement shall be effective unless the
same shall be in writing and signed by the parties hereto, and then shall be valid only in the specific
instance and for the purpose for which given.
14.8.
Counterparts.
This Agreement may be executed in more than one counterpart, each of which shall be
deemed to be an original but all of which, when taken together shall constitute but one instrument.
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14.9.
Severability.
In the event that any provision of this Agreement shall for any reason, be determined to be
invalid, illegal, or unenforceable in any respect, the parties hereto shall negotiate in good faith and
agree to such amendments, modifications, or supplements to this Agreement or such other
appropriate action as shall, to the maximum extent practicable in light of such determination,
implement and give effect to the intentions of the parties as reflected herein.
14.10. Headings.
The captions and headings in this Agreement are for convenience only and shall not define or
limit the provisions hereof
14.11. Waiver.
No course of dealing or failure or delay, nor the single failure or delay, or the partial exercise
of any right, power or privilege, on the part of the parties shall operate as a waiver of any rights
herein contained. The making or the acceptance of a payment by either party with knowledge of the
existence of a breach shall not operate or be construed to operate as a waiver of any such breach.
14.12. Remedies.
The rights of the parties under this Agreement are cumulative and not exclusive of any rights
or remedies which the parties might otherwise have unless this Agreement provides to the contrary.
14.13. No Additional Beneficiaries.
Despite the fact that the required performance under this agreement may have an affect upon
persons not parties hereto, the parties specifically intend no benefit therefrom, and agree that no
performance hereunder may be enforced by any person not a party to this agreement.
Notwithstanding the foregoing, this is a three party agreement and the City is an express third party
beneficiary of the promises of Consultant to provide services paid for by Applicant.
(End of Page. Next Page is Signature Page.)
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Signature Page
Now therefore, the parties hereto, having read and understood the terms and conditions of this
agreement, do hereby express their consent to the terms hereof by setting their hand hereto on the
'date set forth adjacent thereto.
Dated:
CityofChula Vista
By:
Shirley Horton, Mayor
Attest:
Susan Bigelow
City Clerk
Approved as to Form:
~~~
Jo . Kaheny
City Attorney
Dated: Òe:x=.c;;.,.,Z,-?cJj
Consultant:
KTU+A Landscape Architects
By: /&;;;;;;};;:;;;.:::- v. P.
Michael A. Theilacker Vrc'e ñ=> :----
Dated:
By:
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Exhibit A
Reference Date of Agreement: December II, 200 I
Effective Date of Agreement: December 11,2001
City ofChula Vista, 276 Fourth Avenue, Chula Vista, CA 91910
Consultant: KTU+A, Landscape Architects
Business Form of Consultant:
( ) Sole Proprietorship
( ) Partnership
(X) Corporation
Address: 3916 Normal Street, San Diego, CA 92103
Applicant: The EastLake Company, A California Corporation
Business Form of Applicant:
( ) Sole Proprietorship
( ) Partnership
(X) Corporation
Address: 900 Lane Avenue, Suite 100, Chula Vista, CA 91914
1.
Property (Commonly known address or General Description):
The City of Chula Vista has approved a Tentative Subdivision Map (Map) known as
EastLake Trials, Chula Vista Tract 99-03, which includes a 23-acre Community Park site.
The Community Park site has been identified to include a community gymnasium building.
The Salt Creek drainage basin traverses the site. The Map also includes the capacity for
1,143 total dwelling units, an elementary school site, open space lots, and two Community
Purpose Facilities (CPF) sites. One ofthe CPF sites is to be adjacent to the Community Park
site with an identified compatible park use.
2.
Project Description ("Project"):
Community Park:
The 23-acre park site is located south of Otay Lakes road, east of the EastLake Trails
development, north of approximately six acres of restored wetlands habitat, northeast of the
EastLake Trails HOA recreational facility, and west of the future EastLake Vistas
development. The site surrounds a portion of the Salt Creek drainage basin and includes a
trail corridor connection south to Olympic Parkway.
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The Park site has been graded to a previously prepared preliminary concept and includes
some 3:1 slopes. The park grading is subject to change in any manner the master planning
work effort determines appropriate. The Salt Creek drainage has been realigned under 1603
and 404 permits that also created the habitat on the southern boundary and is derIDed as a
10' -wide channel, the course of which is not to be altered by park development without
further 1603 and 404 permits.
At the time of the processing of the tentative map for the project there existed on the
proposed site a grove of mature eucalyptus trees, comprising the southern-most leg of a
eucalyptus windrow following the Salt Creek corridor. It was determined the grove was a
significant resource and the applicant was conditioned to preserve the grove during future
development. The recent red gum lerp psyllid infestation has severely damaged most of the
eucalyptus trees and an assessment to determine how best to address this amenity within the
park development is a part of the Consultant's scope of the master planning work effort.
3.
Entitlements applied for:
Approved Tentative Map Tract 99-03, future proposed Tentative Map for EastLake III,
Approved Final Maps for EastLake Trails South, Approved Final Maps TN-I through 6,
future proposed Final Map TN- 7, and future Final Maps for EastLake Woods and Vistas.
4.
General Nature of Consulting Services ("Services - - General"):
4.1 Park Master Plan - Provide professional Landscape Architectural Services as required
to prepare, submit and obtain the Approval ftom the City Council for an EastLake Trails
Community Park Master Plan. Plan shall be prepared and all Consultant services shall be
performed to the satisfaction ofthe Director of Parks and Recreation. Plan shall consist of a
Preliminary Master Plan, Draft Master Plan and Master Plan with accompanying support
documents as outlined in Paragraph 5 as a Detailed Scope of Work.
4.2 Addenda to Contract Scope of Work - Parties acknowledge that the Scope of
Services and/or Fees may be expanded upon successful completion of the master planning
work effort, as defined solely by the City and if agreeable to the City, to continue the park's
development with Consultant providing design development, construction documents and
construction administration phases of work. Addenda shall define phases and Consultant
services and shall be presented to City Council for Approval.
5.
Detailed Scope of Work ("Detailed Services"):
Consultant shall provide the following services all to the satisfaction of the Director of Parks
and Recreation:
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5.1 Park Programming - The preliminary park programming used to prepare the Master
Plan is subject to change by the City_as a result of the work effort. The preliminary
programming is established at this time to include the following:
1. Two (2) Soccer fields with 40-foot candle lighting and sized at 225' x 360'
2. Twelve (12) Picnic tables, some with BBQ's and shade structures
3. Two (2) Tot lots with play equipment targeting different age groups
4. Two (2) Tennis courts with lighting
5. Two (2) Basketball courts with lighting
6. informal facility (not monitored) to accommodate skate boarding and roller
blading
7. Restroom/maintenance building
8. Community trail loop around the park site
9. Automobile parking
10. Open lawn areas
11. Community Center to provide multi-purpose commurrity recreational services
including; Recreational Programs, Human Services, Educational Services,
Classes and MeetinglRental space. The 19,500 square foot building is to include:
2,000 sq. ft. teen annex (occupancy 400) with dividable spaces and utility
kitchen
. Multi-purpose dividable room
. 12,000 sq. ft. Gymnasium with full court
. 1,900 sq. ft. weight room
Game room
. Craft room
Kitchen
Restrooms and Shower with dressing room
. Office
Utility room
. Custodial room
Commensurate storage for each activity space
The master plan work effort shall include a review by the Consultant ofthis programming and
provide a determination for the appropriateness of the programming for this park site and if
appropriate make recommendations to the City for modification.
5.2 Community Workshops: Organize, coordinate and conduct three (3) public community
workshops to solicit input from the surrounding residents and interested citizens on the parks
development.
5.3 Research, Inventory and Site Analysis: Provide an analysis of existing site conditions
related to park program. Consult with City and Applicant regarding opportunities, constraints of
existing site conditions and current design. Evaluate and describe opportunities and constraints
in graphic form including the following:
Circulation and access
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5.4
5.5
Adjacent conditions and uses
Soil and hydrology
Adjacent wetland and open space
Orientation to climate and sun
. Orientation to views and spatial patterns
From information provided by City and Applicant:
Legal and physical boundaries
Holdings and easements
Historical or archaeological significance
Applicable ordinances
Zoning, codes and guidelines
.
Conceptual Master Plan: Prepare three scenarios as conceptual alternatives illustrating
differences in arrangement of uses, program emphasis, and character of the park.
Evaluate pros and cons of alternatives and work with City and Applicant to define a
preferred scenario. Refine, as directed by the City, preferred scenario including the
following:
. Refined program modules
Order of magnitude costs
Conceptual ideas for alternatives
Architecture and facility diagrams
Site cross-sections
Functional relationships
Social relationships
Aesthetic and environmental opportunities
.
Develop the refined, preferred scenario Conceptual Master Plan in three stages as I) a
Preliminary Master Plan, 2) a Draft Master Plan and 3) a Master Plan. Develop and
incorporate the following elements at each of the three stages:
All existing and proposed improvements
Park and recreational facilities clearly identified
Open space areas
Trail system (pedestrian, bicycling, hiking, equestrian)
Types of fencing, retaining and fteestanding walls.
Walkways, pedestrian and vehicular circulation, interface, and protections and
parking
Irrigation mainline layout, with proposed and existing water meters
Areas to receive conventional irrigation, temporary, drip, or none (as
applicable).
Water conservation measures.
Lighting concepts
Indicate plant palette (botanical and common name), with types, location sizes,
and percentage of quantity by size, both proposed and existing and the stated
design function and purpose of each type:
.
.
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5.6
5.7
5.8
0 Slope and erosion control treatment
0 Street trees
0 Seeding and container stock
0 Distinguish between groundcovers or lawn areas and method of separation
0 Relative drought tolerance of materials proposed
0 Relative fire retardance of materials proposed
0 Maintenance responsibilities and boundaries
. Grading design and drainage intent
Signage and monumentation
. Property lines, easements, and deed restrictions
. Paved, unpaved areas, and types of paving
. Views (on-site and off-site) opportunities, preservation, and enhancements
. Implementation plan (Schedule)
. Financing plan
. Phasing plan (if appropriate)
. Estimate of probable construction costs with 15% contingency. The total
construction cost shall equal the City provided park construction budget.
. Architectural thematic design of building(s) including: thematic elevations,
programming to establish building footprint and estimate of probable costs with 15%
contingency.
Filing Application: Prepare the appropriate plans and documents which are required by
the City and complete and submit the Park Master Plan Processing Application Form.
Estimate of Probable Cost: Provide an itemized analysis of costs of all elements ofthe
PROJECT. Review with the City and Applicant. Work with City and Applicant to
develop a cost strategy including the budget and/or phasing of improvements.
Meetings: Consultant shall provide written agendas and meeting notes for all meetings:
. Pre-Application Meeting: Meet with the Applicant and the City to familiarize the
Consultant with design issues and expectations related to development of the park
ftom the point of view of both the Applicant and the City. Review the park program
and elements with appropriate agencies.
. Evaluation Meeting: Present three scenarios (5.4) to City and Applicant. City will
select a preferred alternative if acceptable. Respond to comments as directed by City
Staff.
. Refined Scenario Meetings: Present refinement of selected Preferred Alternative of
Conceptual Plan to City and Applicant as necessary to obtain City staff approval.
. Periodic Meetings: Attend all meetings as listed in Exhibit D attached hereto.
Park and Recreation Commission Presentation: Present the Draft Park Master Plan
to the Park and Recreation Commission for review and comment. Respond to
comments as directed by City Staff. Present to P&R Commission refined
alternatives until Draft Park Master Plan is found acceptable to the P&R
Commission.
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City Council Presentation: Present the Final Park Master Plan to City Council for
Approval. Provide revisions or response to conditions of approval.
5.9
City Approval: Upon request continue working with City staff and the Director of Parks
and Recreation to obtain written approval of the Park Master Plan from the City Council.
5.10
Additional Services: Include but are not limited to:
Revisions and changes to City and Applicant approved drawings.
Presentations to Public Agencies or meetings beyond those listed in the above Scope
of Services.
Preparation of design alternatives after the completion of the Preliminary Master
Plan.
0 Additional services will be performed on an hourly basis only upon the prior written
approval of the City at the rates set forth in Exhibit C.
6. Documents to be provided by Applicant to Consultant:
Upon request ftom City, all legal maps, grading plans, soils reports, site survey plans (drawn to
scale) indicating at a minimum - topographic contours at I' intervals; spot elevations of existing
structures, streets, curbs, walks; utility equipment/fixtures, runs and easements; property
boundaries; aerial photograph in orthographic projection printed to standard scale; all existing
plant material with individual identification of all trees over 2" diameter trunk with labeling of
location, trunk diameter at breast height, canopy spread and species and other support
documentation necessary for the Consultant to perform the services described in Paragraph 4
and 5 above.
7. Schedule, Milestone, Time-Limitations within which to Perform Services (See "Processing Task
Summary Table - Attachment D")
7.1
Date for Commencement of Consultant Services:
(X) Same as Effective Date of Agreement
7.2 Deliverables - The work for this phase will be in the form of scaled, dimensioned
drawings as necessary to communicate the design intent, sizes and material selection for all
scope items. The instruments will be prepared in AutoCAD @ Release 14 on base plans
issued by the City and Applicant. The base plans will be in AutoCAD @ Release 14, and
will be fully coordinated with other consultant's work prior to issuance to Consultant.
Instruments of Service / Electronic Media:
0 Hard copy, original drawings and specifications are the deliverable
instruments of service. If work is prepared in electronic media format the
Consultant will provide electronic copies for convenience only. Electronic
media will be prepared in AutoCAD @ Release 14 format. In accepting and
utilizing any drawings or other data on any form of electronic media
generated and provided by the Consultant, the City and Applicant covenants
and agrees that all such drawings and data are instruments of service of the
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6-"¿~
Consultant. The electronic files submitted by the Consultant to the City and
Applicant are submitted for an acceptance period offive working days. Any
defects the City and Applicant discovers during this period will be reported to
the Consultant and will be corrected.
7.3 Dates or Time Limits for Delivery of Deliverables:
Deliverable No.1: Due no later than 18 weeks ftom date of Commencement of Consultant
Services
Preliminary Master Plan: Colored for presentation purposes:
. Site Plan at appropriate scale (I) copy
. Site Cross Sections at appropriate scale (as needed to communicate design intent)
. Plan view of buildings (I) copy
. A list of proposed construction materials and colors (I) copy
Deliverable No.2: Due no later than 30 weeks from date of Commencement of Consultant
Services.
Draft Park Master Plan: Colored and mounted for presentation to Parks and Recreation
Commission purposes:
. Site Plan at appropriate scale (I) copy
. Site Cross Sections at appropriate scale (as needed to commUJùcate design intent)
. Plan view of Buildings with programming completed to define the building footprint and
costs (I) copy
. Elevations (all sides) of buildings at y,," scale (I) copy
. Entry Sketch perspective drawing (I) copy
. A construction materials and colors sample board (I) copy
Additional Product:
. Written text providing complete information on concept, implementation, cost estimate,
phasing, and all other information necessary to communicate the Draft Park Master Plan
(I) each
Deliverable No.3: Due no later than 35 weeks ftom date of Commencement of
Consultant Services.
Final Draft Park Master Plan: Colored and mounted for presentation to City Council
purposes:
Site Plan at appropriate scale (I) copy
Site Cross Sections at appropriate scale (as needed to communicate design intent)
Plan view of buildings with programming completed to define the building footprint
and costs (I) copy
Elevations (all sites of buildings at y." scale (I) copy
.
.
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(:;-)7
.
Entry sketch perspective drawing (I) copy
A construction materials and colors sample board (1) copy
Additional Product:
. Written text providing complete information on concept, implementation, cost estimate,
phasing and all other information necessary to communicate the Final Draft Park Master
Plan (I each)
Full color, reduced (8-1/2" x II") reproductions of the Site Plan, Sections, Elevations,
and Entry drawings (I each)
Deliverable No.4: Due no later than 40 weeks ftom date of Commencement of Consultant
Services.
Approved Park Master Plan: Colored and mounted for presentation purposes:
Site Plan at appropriate scale (I) copy
Site Cross Sections at appropriate scale (as needed to communicate design intent)
Plan view of buildings with programming completed to define the building footprint and
costs (I) copy
Elevations (all sites of buildings at \14' scale (I) copy
Entry sketch perspective drawing (I) copy
A construction materials and colors sample board (I) copy
Additional Product:
Written text providing complete information on concept, implementation, cost estimate,
phasing and all other information necessary to communicate the Park Master Plan (I
each)
Full color, reduced (8-1/2" x II") reproductions of the Site Plan, Sections, Elevations,
and Entry drawings (I each)
. One set ofreproducible for all of the above
Deliverable No.5: All tasks as listed within Exhibit D attached hereto to be accomplished
no later than the week number to which it corresponds on Exhibit D.
7.4
Date for completion of all Consultant services:
Forty (40) weeks from the date of this Agreement. Times for performance may be
extended in the sole discretion of the Director of arks and Recreation.
8.
Contract Administrators.
City:
John Krizan
Parks and Recreation Department
276 Fourth Avenue, Chula Vista, CA 91910
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6-.23
Applicant:
Consultant:
Phone No. (619) 409-5819
Fax No. (619) 409-5925
Guy Asaro
The EastLake Company, A California Corporation
900 Lane Avenue, Suite 100, Chula Vista 91914
Phone No. (619) 421-0127
Fax No. (619) 421-1830
Kurt W. Carlson
KTU+A, Landscape Architects
3916 Normal Street, San Diego, CA 92103
Phone No. (619) 294-4477
Fax No. (619) 294-9965
9. Statement of Economic Interests, Consultant Reporting Categories, per Conflict of Interest Code:
(X) Not Applicable.
( ) Category No.1.
( ) Category No.2.
( ) Category No.3.
( ) Category No.4.
( ) Category No.5.
( ) Category No.6.
( ) Category No.7.
10. Insurance Requirements:
(X)
Not an FPPC Filer.
Investments and sources of income.
Interests in real property.
Investments, interest in real property and sources of income subject to
the regulatory, permit or licensing authority ofthe department.
Investments in business entities and sources of income, which engage
in land development, construction or the acquisition or sale of real
property.
Investments in business entities and sources of income of the type
which, within the past two years, have contracted with the City of
Chula Vista (Redevelopment Agency) to provide services, supplies,
materials, machinery or equipment.
Investments in business entities and sources of income of the type
which, within the past two years, have contracted with the designated
employee's department to provide services, supplies, materials,
machinery or equipment.
Business positions.
Statutory Worker's Compensation Insurance
3ptyagmt
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6-.)7
(X)
(X)
( )
Employer's Liability Insurance coverage: $1,000,000
Commercial General Liability Insurance: $1,000,000
Errors and Omissions insurance: None Required
(included in Commercial General Liability coverage)
Errors and Omissions insurance: $500,000.00 (not included in Commercial General
Liability coverage)
(X)
II. California Business and Professions Code I Section 5616 I Disclosure:
Landscape Architects are regulated by the State of California. Any questions concerning a
Landscape Architect may be referred to the Landscape Architects Technical Committee at:
Landscape Architects Technical Committee
400 R Street
Suite 4000
Sacramento, California 95814
(916) 445-4954
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Exhibit B
Additional Recitals
WHEREAS, the Applicant has deposited an initial sum for the necessary work and
identifying scope of work for community park master plan as outlined in Exhibit "A" and,
WHEREAS, public notice ofthe required architectural services was given to the American
Society of Landscape Architects and in a paper of general circulation, inviting prospective
Consultants to submit proposals, letters of interest and/or applications to be on the list of qualified
Landscape Architectural Consultants, and
WHEREAS, the Consulting firm ofKTU+A Landscape Architects has significant expertise
and experience in preparing park master plan documents within the San Diego and project area, and
WHEREAS, the Park and Recreation Department has negotiated the details ofthis agreement
in accordance with procedures set forth in Sections 2.56.220-224 of the Chula Vista Municipal Code.
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Exhibit C
1.
Compensation Schedule and Deposit: Terms and Conditions.
(X) Time and Materials
For performance of the General and Detailed Services of Consultant as herein required,
Applicant shall pay Consultant for the productive hours of time and material spent by
Consultant in the performance of said Services, at the rates or amounts set forth herein below
according to the following terms and conditions:
(X)
Not-to-Exceed Limitation on Time and Materials Arrangement
Notwithstanding the expenditure by Consultant of time and materials in excess of said
Maximum Compensation amount, Consultant agrees that Consultant will perform all of the
General and Detailed Services herein required of Consultant for $157,002.00 including all
Materials, and other "reimbursables" ("Maximum Compensation").
Rate Schedule
Breakdown of Consultant Hourly Fees for EastLake Trails Community Park
Staff Hourly Rate
KTU+A
Principal
Senior Associate
Associate
Senior Designer
135.00
85.00
70.00
60.00
Permitted Subconsultants:
Platt/Whitelaw
Project Manager
Project Architect
Tech I
Tech 2
Clerical
Cost Estimator
120.00
90.00
65.00
58.00
45.00
84.00
Nasland Engineering
Principal Engineer
Project Manager
Design Engineer
Survey Crew
180.00
115.00
92.00
165.00
Bechard Long
Project Manager
Project Engineer
120.00
80.00
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Paul Hobson
Artist
90.00
Merkel & Associates
Project Biologist
90.00
Western Tree Service
Arborist (Alden Pedersen)
100.00
Law Crandall
Geotechnical Engineer
90.00
2.
Materials Separately Paid For by Applicant:
All materials provided to Applicant, including:
( X) Materials
Reports
Copies
(X) Travel
( X ) Printing
( X) Postage
( X ) Delivery
( X ) Long Distance Telephone Charges
( X ) Other Actual Identifiable Direct Costs
Cost plus 15%
Cost plus 15%
Cost plus 15%
Cost plus 15%
Cost plus 15%
Cost plus 15%
Cost plus 15%
Deposit
For the purposes of this Agreement, "Deposit" shall be defined as the deposit Applicant
has paid to the City in satisfaction of the subdivision's Parklands obligation.
(X) Deposit Amount: $2,348,079.00 to date
(X) Use of Deposit to Pay Consultant.
Notwithstanding the sole duty and liability of Applicant to pay Consultant, ifthis paragraph
is "checked", upon City's receipt of billing by Consultant, and determination by City in good
faith that Consultant's billing is proper, a judgment for which Applicant agrees to hold City
harmless and waive any claim against City, City shall pay Consultant's billing ftom the
amount of the Deposit. If Applicant shall protest the propriety of a billing to City in advance
of payment, City shall consider Applicant's protest and any evidence submitted prior to the
due date for the payment of said bill by Applicant in making its good faith determination of
propriety.
( ) Use of Deposit as Security Only; Applicant to Make Billing Payments.
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Upon determination by City made in good faith that Consultant is entitled to compensation
which shall remain unpaid by Applicant 30 days after billing, City may, at its option, use the
Deposit to pay said billing.
(X) Bill Processing:
A.
Consultant's Billing to be submitted for the following period of time:
(X)
( )
( )
Monthly
Quarterly
Other:
B.
Day of the Period for submission of Consultant's Billing:
(X)
( )
( )
( )
First of the Month
15th Day of each Month
End of the Month
Other:
C.
City's Account Number: 00861-2721
D.
Security for Performance
( )
( )
( )
(X)
Performance Bond, $
Letter of Credit, $
Other Security:
Retention: If this space is checked, then notwithstanding other provisions to
the contrary requiring the payment of compensation to the Consultant sooner,
the City shall be entitled to retain, at their option, the following Retention
Percentage until the City determines that the Retention Release Event, listed
below, has occurred:
(X) Retention Percentage: 10%
( ) Retention Amount: $
Retention Release Event:
(X) Completion of All Consultant Services to the satisfaction of,
and as solely determined by the Director of Parks and
Recreation.
Other:
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Exhibit D
EastLake Trails Community Park Master Plan
Processing Task Summary
Week Number Meet w/Staff Staff Review Activity Description
I X X Review programming expectations
(Site Facility and Project Budget)
2 X X Review programming expectations
(Site Facility and Project Budget)
3 X X Review programming expectations
(Site Facility and Project Budget)
4 X X Review programming expectations
(Site Facility and Project Budget)
5 X X Review programming expectations
(Site Analysis & Program synthesis)
6 X X Review programming expectations
(Site Analysis & Program synthesis)
7 X X Review programming expectations
(Site Analysis & Program synthesis)
8 X X Review programming expectations
(Site Analysis & Program synthesis)
Public Workshop #1
9 Consultant develops three scenarios - analysis
10 Consultant develops three scenarios - analysis
11 Consultant develops three scenarios - synthesis
12 Consultant develops three scenarios - synthesis
13 Consultant develops three scenarios - synthesis
14 X Consultant presents scenarios to staff
Public Workshop #2
IS X Staff prepares response to presentation and
selects preferred scenario
16 Consultant refines preferred scenario and prepares
Preliminary Master Plan & budget
17 Consultant refines preferred scenario and prepares
Preliminary Master Plan & budget
18 X X Consultant presents Preliminary Master PlanJo staff
Public Workshop #3
Deliverable No.1
19 X Staff prepares response to refined scenario
20 X X Staff prepares response to refined scenario
21 Consultant prepares Draft Master Plan & budget
22 Consultant reviews Draft MP for costs
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Week Number Meet w/Staff Staff Review Activity Description
23 Consultant prepares Draft Master Plan, budget
building concepts, elevations, grading, etc.
24 Consultant prepares Draft Master Plan
25 X X Consultant presents Draft MP and budget to staff
26 X Staff prepares comments to Draft MP
27 X Staff prepares comments to Draft MP
28 Consultant refines Draft MP w/comments
29 Consultant refines Draft MP w/comments
30 X X Staff review* /Schedule Parks and Recreation
Commission (pRC) hearing
Deliverable No.2
31 X Staff prepares PRC report
32 X X Parks and Recreation Commission hearing*
33 Consultant prepares Final Draft_Master Plan &
budget, incorporates additional revisions, updates
drawings
34 Consultant prepares Final Draft Master Plan & budget
35 Consultant prepares Final Draft,Master Plan & budget
Deliverable No.3
36 X X Staffreview*/Schedule City Council hearing
37 X Staff prepares Council report
38 X Staff prepares Council report
39 X X City Council hearing*
40 X X Consultant completes Approved Master Plan
Deliverable No.4
* Schedule reflects plan that requires no additional review by discretionary entity.
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(p-3fp
COUNCIL AGENDA STATEMENT
Item:
Meeting Date: 12/11/01
ITEM TITLE: Resolution approving the Two-Party Agreement
between the City of Chula Vista and Van Dyke, L.L.P., Landscape
Architects (Consultant) for Landscape Architectural Services, and
authorizing the Mayor to execute said Agreement.
SUBMITTED BY: Director of Parks and Recreatio~
REVIEWED BY: City Manager ~ (4/Sths Vote: Yes No X )
RECOMMENDATION: That Council adopt the Resolution approving the Two-Party Agreement
between the City of Chula Vista and Van Dyke, L.L.P., Landscape Architects (Consultant) for
Landscape Architectural Services for the Sunbow Neighborhood Park project.
BOARDS/COMMISSIONS RECOMMENDATION: Not Applicable
DISCUSSION:
Background
In satisfaction of the City Parkland Dedication Ordinance, in partial satisfaction for entitlements
received, and in satisfaction of Conditions of Approval for the Sunbow Project, the Developer has
provided funds for the construction of the Sunbow Neighborhood Park. The park project is a 10-
acre park located North of East Palomar Street, West of Medical Center Court, East of High Cloud
Court and South ora future proposed multi-family housing project. To realize this neighborhood
park a landscape architectural design firm is needed to provide a community park master plan.
Consultant Selection Process
The Parks and Recreation Department, following the City's Purchasing Ordinance process described
within the Municipal Code Section 2.56.220-2.56.240, having publicly advertised and receiving 15
submittals, interviewed six firms and selected the Landscape Architectural firm of Van Dyke, L.L.P.,
as the best qualified to provide the master planning services for the development of this
neighborhood park.
Page 2, Item: 7
Meeting Date: 12/11/01
This selection was based upon the firm's qualifications, experience of professional staft; the project
team's related expertise, demonstrated performance of similar work, the quality of proposal
submitted, interview presentation, and response to questions.
The Consultant represents that they are experienced and staffed in a manner such that they can
prepare and deliver the required services to the City. The Department of Parks and Recreation staff
has negotiated the details of this Agreement in accordance with the procedures set forth in Section
2.56.110 of the Chula Vista Municipal Code.
Scope of Work
Under the terms of this Agreement and in conjunction with City staff, Van Dyke, L.L.P., will prepare
a Neighborhood Park Master Plan. Upon successful completion of the Master Plan work effort
work will continue with design development, construction drawings, and thereafter, actual park
construction.
The community center building's construction may proceed on a delayed schedule until funds are
secured to pay for that aspect of the neighborhood park.
The master plan responsibilities and services will be provided as needed, but not limited to the
following:
4. Scope of Work ("Services"):
4.1 Park Master Plan - Provide professional Landscape Architectural Services as required to
prepare, submit, and obtain the Approval from the City Council for an 10-
Acre Sunbow Neighborhood Park Master Plan. The Plan shall be prepared to the
satisfaction of the Director of Parks and Recreation. The Plan shall consist of a
Preliminary Master Plan, Draft Master Plan, and Master Plan with accompanying support
documents as outlined in Paragraph 5 as a Detailed Scope of Work.
4.2 Addenda to Contract Scope of Work - Parties acknowledge that the Scope of Services
and/or Fees may be adjusted upon successful completion of the master planning work
effort, as defined solely by the City, if mntually agreeable to all parties to continue the
park's development with Consultant providing design development, construction
documents, and construction administration phases of work. Addenda shall define
phases and Consultant services and shall be presented to City Council for approval.
Page 3~ Item: 7
Meeting Date: 12/11/01
5. Detailed Scope of Work ("Detailed Services"):
5.1 Park Programming - The preliminary park programming used to prepare the Master Plan
is subject to change as a result of the work effort. The preliminary programming is
established at this time to include the following:
1. One softball field with 40-foot candle lighting, 60' baselines and 300' radius
outfield
2.One soccer field with 40-foot candle lighting and 360' length
3.Seven picnic tables, some with BBQs and shade structures
4.One tot lot with play equipment targeting different age groups
5.Two basketball courts with lighting
6.Informal facility (not monitored) to accommodate skate boarding and roller blading
7.Restroom/maintenance building
8.Automobile parking
9.Open lawn areas
10. Community Center to provide multi-purpose community recreational services
including; Recreational Programs, Human Services, Educational Services, Classes
and Meeting/Rental space. The 15,885 square foot building is to include:
a. 2,000 square foot senior or teen annex (occupancy 400) with dividable spaces
and utility kitchen
b. Multi-purpose dividable room
c. Gymatofium
d. Game room
e. Craft room
fi Kitchen
g. Restrooms and shower with dressing room
h. Office
i. Utility room
j. Custodial room
k. Commensurate storage for each activity space
The master plan work effort shall include a review of this programming and provide a
determination for the appropriateness of the programming for this park site and if
appropriate make recommendations for modification.
5.2 Community Workshops: Organize, coordinate, and conduct three public community
workshops to solicit input from the surrounding residents and interested citizens on the
park's development.
5.3 Research, Inventory, and Site Analysis: Provide an analysis of existing site conditions
related to park programming. Consult with City and Applicant regarding opportunities,
Page 4, Item: 7
Meeting Date: 12/11/01
constraints of existing site conditions, and current design. Evaluate and describe
opportunities and constraints in graphic form including the following:
· Legal and physical boundaries
· Holdings and easements
· Historical or archaeological significance ....
· Circulation and access
· Adjacent conditions and uses
· Applicable ordinances
·Zoning, codes, and guidelines
Soil and hydrology
· Adjacent wetland and open space
· Orientation to climate and sun
· Orientation to views and spatial patterns
5.4 Conceptual Master Plan: Prepare three scenarios as conceptual alternatives illustrating
differences in arrangement of uses, program emphasis, and character of the park.
Evaluate pros and cons of alternatives and work with City and Applicant to define a
preferred scenario. Refine preferred scenario including the following:
· Refined program modules
· Order of magnitude costs
· Conceptual ideas for alternatives
· Architecture and facility diagrams
· Site cross-sections
· Functional relationships
· Social relationships
Aesthetic and environmental opportunities
5.5 Develop the refined preferred scenario Conceptual Master Plan in three stages as 1) a
Preliminary Master Plan, 2) a Draft Master Plan, and 3) a Master Plan. Develop and
incorporate the following elements at each of the three stages:
· All existing and proposed improvements
· Park and recreational facilities clearly identified
· Open space areas
· Trail system (pedestrian, bicycling, hiking, equestrian)
· Types of fencing, retaining and freestanding walls
· Walkways, pedestrian and vehicular circulation, interface, and protections and
parking
· Irrigation mainline layout, with proposed and existing water meters
· Areas to receive conventional irrigation, temporary, drip, or none (as applicable)
Page 5, Item: 7
Meeting Date: 12/11/01
· Water conservation measures
· Lighting concepts
· Indicate plant palette (botanical and common name), with types, location sizes, and
percentage of quantity by size, both proposed and existing, and the stated design
function and purpose of each type:
· Slope and erosion control treatment
· Street trees
· Seeding and container stock
· Distinguish between groundcovers or lawn areas and method of separation
· Relative drought tolerance of materials proposed
· Relative fire retardance of materials proposed
· Maintenance responsibilities and boundaries
· Grading design and drainage intent
· Signage and monumentation
· Property lines, easements, and deed restrictions
· Paved, unpaved areas, and types of paving
· Views (on-site and off-site) opportunities, preservation, and enhancements
· Implementation plan
· Financing plan
· Phasing plan (if appropriate)
· Estimate of probable construction costs with 15% contingency. The total
construction_cost shall equal the City provided park construction budget.
· Architectural thematic design of building(s) including: thematic elevations,
programming to establish building footprint and estimate of probable costs with
15% contingency.
5.6 Filing Application: Prepare the appropriate plans and documents, which are required by
the City, complete and submit the Park Master Plan Processing Application Form.
5.7 Estimate of Probable Cost: Provide an itemized analysis of costs of all elements of the
Project. Review with the City and Applicant. Work with City and Applicant to develop
a cost strategy including the budget and/or phasing of improvements.
5.8 Meetings - Consultant shall provide written agendas and meeting notes for all meetings:
· Pre-Application Meeting: Meet with the Applicant and the City to familiarize the
Consultant with design issues and expectations related to development of the park
from the point of view of both the Applicant and the City. Review the park
program and elements with appropriate agencies.
· Evaluation Meeting: Present three scenarios (as defined in 5.4) to City and
Applicant. City will select a preferred alternative if acceptable. Respond to
'-7
Page 6, Item: /
Meeting Date: 12/11/01
comments as directed by City staff.
· Refined Scenario Meetings: Present refinement of selected Preferred Altemative of
Conceptual Plan to City and Applicant as necessary to obtain City staffapproval.
· Periodic Meetings: Attend all meetings as listed in Exhibit D of the agreement
attached hereto.
· Parks and Recreation Commission Presentation: Present the Draft Park Master
Plan to the Parks and Recreation Commission for review and comment. Respond
to comments as directed by City staff. Present to Parks and Recreation
Cormnission refined alternatives until Draft Park Master Plan is found acceptable
to the Parks and Recreation Commission.
· City Council Presentation: Present the Final Park Master Plan to City Council for
approval. Provide revisions or response to conditions of approval.
5.9 City Approval - Continue working with City staff and the Director of Parks and
Recreation to obtain written approval of the Park Master Plan from the City Council.
5.10 Additional Services: Additional services include but are not limited to:
Revisions and changes to City and Applicant approved drawings.
· Presentations to Public Agencies or meetings beyond those listed in the above
Scope of Services.
· Preparation of design alternatives after the completion of the Preliminary Master
Plan.
· Additional services will be performed on an hourly basis only upon the prior
approval of the City at the rates set forth in Exhibit C of the agreement.
Contract Payment:
The total not-to-exceed amount to be paid to the Consultant is $110,000.00. The Sunbow project's
developer, Ayres Land Company, has previously paid monies to the City in satisfaction of the
Project's Parkland Acquisition and Development Obligation. The City has these monies in a deposit
account and will use the money to pay for the Consultant's services. The City will also receive a
standard administration fee amounting to 10% of the Contract. The Project's developer will also
reimburse the City for any staff time associated with the implementation of the Contract through a
separate staff processing deposit account that has already been established.
Conclusions
Staff believes, based upon a full understanding of the issues involved, that the City will realize an
increased benefit in the recreational resources available to the residents of Chula Vista. Staff
Page 7, Item:
Meeting Date: 12/11/01
recommends, based upon the benefits of this agreement, that the City Council approve the proposed
Agreement.
FISCAL IMPACT:
There will be no resulting impact to the General Fund. Van Dyke's consulting fees will be paid by
the project's developer, Ayres Land Company, through existing deposit accounts.
Attachment:
Two Party Agreement
TRESOLUTION NO. 2001-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE TWO-PARTY
AGREEMENT BETWEEN THE CITY OF CHULA VISTA,
AND V AN DYKE, L.L.P., LANDSCAPE ARCHITECTS
(CONSULTANT) FOR LANDSCAPE ARCHITECTURAL
SERVICES, AND AUTHORIZING THE MAYOR TO
EXECUTE SAID AGREEMENT
WHEREAS, in satisfaction of the City Parkland Dedication Ordinance, in partial
satisfaction for entitlements received, and in satisfaction of Conditions of Approval for the
Sunbow Project, the Developer has provided funds for the construction of the Sunbow
Neighborhood Park; and
WHEREAS, the Developer proposes to develop a 10 acre park located north of East
Palomar Street, west of Medical Center Court, east of High Cloud Court and south of a future
proposed multi-family housing project; and
WHEREAS, to realize this community park, a landscape architectural design firm is
needed to provide a community park master plan; and
WHEREAS, the Parks and Recreation Department, in accordance with Municipal Code
Sections 2.56.220-240, publicly advertised and received 15 submittals, interviewed six firms and
selected the Landscape Architectural firm of Van Dyke, L.L.P. as the best qualified to provide the
master planning services for the development of the neighborhood park.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista, does hereby approve the Two Party Agreement between the City of Chula Vista, Van
Dyke, L.L.P, Landscape Architects for Landscape Architectural Services, a copy of which shall
be kept on file in the office of the City Clerk.
BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is hereby
authorized and directed to execute said agreement on behalf of the City.
PREPARED BY:
APPROVED AS TO FORM BY:
!-~~~
John - aheny
City Attorney
Andy Campbell
Director of Parks and Recreation
)\"numeylreso\Van Dyke Agreement
7-;
Agreement between
City of Chula Vista
and
Van Dyke LLP., Landscape Architects
for Landscape Architectural Services
This agreement ("Agreement"), dated September 18,2001 for the purposes of reference only,
and effective as of the date last executed unless another date is otherwise specified in Exhibit A,
Paragraph 1 is between the City-related entity as is indicated on Exhibit A, paragraph 2, as such
("City"), whose business form is set forth on Exhibit A, paragraph 3, and the entity indicated on the
attached Exhibit A, paragraph 4, as Consultant, whose business form is set forth on Exhibit A,
paragraph 5, and whose place of business and telephone numbers are set forth on Exhibit A,
paragraph 6 ("Consultant"), and is made with reference to the following facts:
Recitals
Whereas, City desires Landscape Architectural Services for the Sunbow Neighborhood
Park project; and,
Whereas, Consultant is a registered Landscape Architect; and,
Whereas, Consultant warrants and represents that they are experienced and staffed in a
manner such that they are and can prepare and deliver the services required of Consultant to City
within the time ITames herein provided all in accordance with the terms and conditions of this
Agreement;
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NOW, THEREFORE, BE IT RESOt VED that the City and Consultant do hereby mutually
agree as follows:
1. Consultant's Duties
A. General Duties
Consultant shall perform all ofthe services described on the attached Exhibit A, Paragraph 7,
entitled "General Duties"; and,
B. Scope of Work and Schedule
In the process of performing and delivering said "General Duties", Consultant shall also
perform all of the services described in Exhibit A, Paragraph 8, entitled" Scope of Work and
Schedule", not inconsistent with the General Duties, according to, and within the time ITames set
forth in Exhibit A, Paragraph 8, and deliver to City such Deliverables as are identified in Exhibit A,
Paragraph 8, within the time ITames set forth therein, time being of the essence of this agreement.
The General Duties and the work and deliverables required in the Scope of Work and Schedule shall
be herein referred to as the "Defined Services". Failure to complete the Defined Services by the
times indicated does not, except at the option of the City, operate to terminate this Agreement.
C. Reductions in Scope of Work
City may independently, or upon request from Consultant, tram time to time reduce the
Defined Services to be performed by the Consultant under this Agreement. Upon doing so, City and
Consultant agree to meet in good faith and confer for the purpose of negotiating a corresponding
reduction in the compensation associated with said reduction.
D. Additional Services
In addition to performing the Defined Services herein set forth, City may require Consultant
to perform additional consulting services related to the Defined Services ("Additional Services"),
and upon doing so in writing, if they are within the scope of services offered by Consultant,
Consultant shall perform same on a time and materials basis at the rates set forth in the "Rate
Schedule" in Exhibit A, Paragraph 11 (C), unless a separate fixed fee is otherwise agreed upon. All
compensation for Additional Services shall be paid monthly as billed.
E. Standard of Care
Consultant, in performing any Services under this agreement, whether Defined Services or
Additional Services, shall perform in a manner consistent with that level of care and skill ordinarily
exercised by members ofthe profession currently practicing under similar conditions and in similar
locations.
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F. Insurance
Consultant represents that it and its agents, staff and subconsu1tants employed by it in
connection with the Services required to be rendered, are protected against the risk of loss by the
following insurance coverage's, in the following categories, and to the limits specified, policies of
which are issued by Insurance Companies that have a Best's Rating of "A, Class V" or better, or shall
meet with the approval ofthe City:
Statutory Worker's Compensation Insurance and Employer's Liability Insurance coverage in
the amount set forth in the attached Exhibit A, Paragraph 9.
Commercial General Liability Insurance including Business Automobile Insurance coverage
in the amount set forth in Exhibit A, Paragraph 9, combined single limit applied separately to each
project away ITom premises owned or rented by Consultant, which names City as an Additional
Insured, and which is primary to any policy which the City may otherwise carry ("Primary
Coverage"), and which treats the employees of the City in the same manner as members of the
general public ("Cross-liability Coverage").
Errors and Omissions insurance, in the amount set forth in Exhibit A, Paragraph 9, unless
Errors and Omissions coverage is included in the General Liability policy.
G. Proof of Insurance Coverage.
(1) Certificates of Insurance.
Consultant shall demonstrate proof of coverage herein required, prior to the
commencement of services required under this Agreement, by delivery of Certificates of Insurance
demonstrating same, and further indicating that the policies may not be canceled without at least
thirty (30) days written notice to the Additional Insured.
(2) Policy Endorsements Required.
In order to demonstrate the Additional Insured Coverage, Primary Coverage and
Cross-liability Coverage required under Consultant's Commercial General Liability Insurance
Policy, Consultant shall deliver a policy endorsement to the City demonstrating same, which shall be
reviewed and approved by the Risk Manager.
H. Security for Performance.
(1) Performance Bond.
In the event that Exhibit A, at Paragraph 19, indicates the need for Consultant to provide
a Performance Bond (indicated by a check mark in the parenthetical space immediately preceding
the subparagraph entitled "Performance Bond"), then Consultant shall provide to the City a
performance bond by a surety and in a form and amount satisfactory to the Risk Manager or City
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Attorney which amount is indicated in the space adjacent to the term, "Performance Bond", in said
Paragraph 19, Exhibit A.
(2) Letter of Credit.
In the event that Exhibit A, at Paragraph 19, indicates the need for Consultant to
provide a Letter of Credit (indicated by a check mark in the parenthetical space immediately
preceding the subparagraph entitled "Letter of Credit"), then Consultant shall provide to the City an
irrevocable letter of credit callable by the City at their unfettered discretion by submitting to the bank
a letter, signed by the City Manager, stating that the Consultant is in breach of the terms of this
Agreement. The letter of credit shall be issued by a bank, and be in a form and amount satisfactory
to the Risk Manager or City Attorney which amount is indicated in the space adjacent to the term,
"Letter of Credit", in said Paragraph 19, Exhibit A.
(3) Other Security
In the event that Exhibit A, at Paragraph 19, indicates the need for Consultant to
provide security other than a Performance Bond or a Letter of Credit (indicated by a check mark in
the parenthetical space immediately preceding the subparagraph entitled "Other Security"), then
Consultant shall provide to the City such other security therein listed in a form and amount
satisfactory to the Risk Manager or City Attorney.
I.
Business License
Consultant agrees to obtain a business license ITom the City and to otherwise comply with
Title 5 ofthe Chula Vista Municipal Code.
2. Duties of the City
A. Consultation and Cooperation
City shall regularly consult the Consultant for the purpose ofreviewing the progress of the
Defined Services and Schedule therein contained, and to provide direction and guidance to achieve
the objectives ofthis agreement. The City shall permit access to its office facilities, files and records
by Consultant throughout the term ofthe agreement. In addition thereto, City agrees to provide the
information, data, items and materials set forth on Exhibit A, Paragraph 1O, and with the further
understanding that delay in the provision of these materials beyond 30 days after authorization to
proceed, shall constitute a basis for the justifiable delay in the Consultant's performance of this
agreement.
B. Compensation
Upon receipt of a properly prepared billing from Consultant submitted to the City
periodically as indicated in Exhibit A, Paragraph 18, but in no event more ITequently than monthly,
on the day ofthe period indicated in Exhibit A, Paragraph 18, City shall compensate Consultant for
all services rendered by Consultant according to the terms and conditions set forth in Exhibit A,
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Paragraph 11, adjacent to the governing compensation relationship indicated by a "checkmark" next
to the appropriate arrangement, subj ect to the requirements for retention set forth in paragraph 19 of
Exhibit A, and shall compensate Consultant for out of pocket expenses as provided in Exhibit A,
Paragraph 12.
All billings submitted by Consultant shall contain sufficient information as to the propriety of
the billing to permit the City to evaluate that the amount due and payable thereunder is proper, and
shall specifically contain the City's account number indicated on Exhibit A, Paragraph 18 (C) to be
charged upon making such payment.
3. Administration of Contract
Each party designates the individuals ("Contract Administrators") indicated on Exhibit A,
Paragraph 13, as said party's contract administrator who is authorized by said party to represent them
in the routine administration of this agreement.
4. Term.
This Agreement shall terminate when the Parties have complied with all executory provisions
hereof.
5. Liquidated Damages
The provisions of this section apply if a Liquidated Damages Rate is provided in Exhibit A,
Paragraph 14.
It is acknowledged by both parties that time is of the essence in the completion of this
Agreement. It is difficult to estimate the amount of damages resulting from delay in performance.
The parties have used their judgment to arrive at a reasonable amount to compensate for delay.
Failure to complete the Defined Services within the allotted time period specified in this
Agreement shall result in the following penalty: For each consecutive calendar day in excess of the
time specified for the completion of the respective work assignment or Deliverable, the consultant
shall pay to the City, or have withheld from monies due, the sum of Liquidated Damages Rate
provided in Exhibit A, Paragraph 14 ("Liquidated Damages Rate").
Time extensions for delays beyond the consultant's control, other than delays caused by the
City, shall be requested in writing to the City's Contract Administrator, or designee, prior to the
expiration of the specified time. Extensions oftime, when granted, will be based upon the effect of
delays to the work and will not be granted for delays to minor portions of work unless it can be
shown that such delays did or will delay the progress of the work.
6. Financial Interests of Consultant
A. Consultant is Designated as an FPPC Filer.
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If Consultant is designated on Exhibit A, Paragraph 15, as an "FPPC filer", Consultant is
deemed to be a "Consultant" for the purposes ofthe Political Reform Act conflict of interest and
disclosure provisions, and shall report economic interests to the City Clerk on the required Statement
of Economic Interests in such reporting categories as are specified in Paragraph 15 of Exhibit A, or
if none are specified, then as determined by the City Attorney.
B. Decline to Participate.
Regardless of whether Consultant is designated as an FPPC Filer, Consultant shall not make,
or participate in making or in any way attempt to use Consultant's position to influence a
governmental decision in which Consultant knows or has reason to know Consultant has a financial
interest other than the compensation promised by this Agreement.
C. Search to Determine Economic Interests.
Regardless ofwhether Consultant is designated as an FPPC Filer, Consultant warrants and
represents that Consultant has diligently conducted a search and inventory of Consultant's economic
interests, as the term is used in the regulations promulgated by the Fair Political Practices
Commission, and has determined that Consultant does not, to the best of Consultant's knowledge,
have an economic interest which would conflict with Consultant's duties under this agreement.
D. Promise Not to Acquire Conflicting Interests.
Regardless of whether Consultant is designated as an FPPC Filer, Consultant further warrants
and represents that Consultant will not acquire, obtain, or assume an economic interest during the
term of this Agreement which would constitute a conflict of interest as prohibited by the Fair
Political Practices Act.
E. Duty to Advise of Conflicting Interests.
Regardless of whether Consultant is designated as an FPPC Filer, Consultant further warrants
and represents that Consultant will immediately advise the City Attorney of City if Consultant learns
of an economic interest of Consultant's which may result in a conflict of interest for the purpose of
the Fair Political Practices Act, and regulations promulgated thereunder.
F. Specific Warranties Against Economic Interests.
Consultant warrants and represents that neither Consultant, nor Consultant's immediate
family members, nor Consultant's employees or agents ("Consultant Associates") presently have any
interest, directly or indirectly, whatsoever in any property which may be the subject matter of the
Defined Services, or in any property within 2 radial miles from the exterior boundaries of any
property which may be the subject matter ofthe Defined Services, ("Prohibited Interest"), other than
as listed in Exhibit A, Paragraph 15.
Consultant further warrants and represents that no promise of future employment,
remuneration, consideration, gratuity or other reward or gain has been made to Consultant or
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Consultant Associates in connection with Consultant's performance of this Agreement. Consultant
promises to advise City of any such promise that maybe made during the Term of this Agreement,
or for 12 months thereafter.
Consultant agrees that Consultant Associates shall not acquire any such Prohibited Interest
within the Term of this Agreement, or for 12 months after the expiration of this Agreement, except
with the written permission of City.
Consultant may not conduct or solicit any business for any party to this Agreement, or for
any third party which may be in conflict with Consultant's responsibilities under this Agreement,
except with the written permission of City.
7. Hold Harmless and Indemnification
Consultant shall defend, indemnify, protect and hold harmless the City, its elected and
appointed officers and employees, ITom and against all claims for damages, liability, cost, and
expense (including without limitation attorney's fees) arising out of or alleged by third parties to be
the result of the negligent acts, errors or omissions or the willful misconduct of the Consultant, and
Consultant's employees, subcontractors or other persons, agencies or firms for whom Consultant is
legally responsible in connection with the execution ofthe work covered by this Agreement, except
only for those claims, damages, liability arising from, connected with, caused by or claimed to be
caused by the active or passive negligent acts or omissions of the City, its agents, officers, or
employees which may be in combination with the active or passive negligent acts or omissions of the
Consultant, its employees, agents or officers, or any third party.
With respect to losses arising from Consultant's professional errors or omissions, Consultant
shall defend, indemnify, protect and hold harmless the City, its elected and appointed officers and
employees, ITom and against all claims for damages, liability, cost and expense (including without
limitation attorney's fees) except for those claims arising from the negligence or willful misconduct
of City, its officers or employees.
8. Termination of Agreement for Cause
If, through any cause, Consultant shall fail to fulfill in a timely and proper manner
Consultant's obligations under this Agreement, or if Consultant shall violate any of the covenants,
agreements or stipulations of this Agreement, City shall have the right to terminate this Agreement
by giving written notice to Consultant of such termination and specifYing the effective date thereofat
least five (5) days before the effective date of such termination. In that event, aU finished or
unfinished documents, data, studies, surveys, drawings, maps, reports and other materials prepared
by Consultant shall, at the option ofthe City, become the property of the City, and Consultant shall
be entitled to receive just and equitable compensation for any work satisfactorily completed on such
documents and other materials up to the effective date of Notice of Termination, not to exceed the
amounts payable hereunder, and less any damages caused City by Consultant's breach.
9. Errors and Omissions
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In the event that the City Administrator determines that the Consultants' negligence, errors,
or omissions in the performance of work under this Agreement has resulted in expense to City
greater than would have resulted if there were no such negligence, errors, omissions, Consultant
shall reirnburse City for any additional expenses incurred by the City. Nothing herein is intended to
limit City's rights under other provisions of this agreement.
10. Termination of Agreement for Convenience of City
City may terminate this Agreement at any time and for any reason, by giving specific written
notice to Consultant of such termination and specifying the effective date thereof, at least thirty (30)
days before the effective date of such termination. In that event, all finished and unfinished
documents and other materials described hereinabove shall, at the option of the City, become City's
sale and exclusive property. Ifthe Agreement is terminated by City as provided in this paragraph,
Consultant shall be entitled to receive just and equitable compensation for any satisfactory work
completed on such documents and other materials to the effective date of such termination.
Consultant hereby expressly waives any and all claims for damages or compensation arising under
this Agreement except as set forth herein.
11. Assignability
The services of Consultant are personal to the City, and Consultant shall not assign any
interest in this Agreement, and shall not transfer any interest in the same (whether by assignment or
novation), without prior written consent of City. City hereby consents to the assignment of the
portions of the Defined Services identified in Exhibit A, Paragraph 17 to the subconsultants
identified thereat as "Permitted Subconsultants".
12. Ownership, Publication, Reproduction and Use of Material
All reports, studies, information, data, statistics, forms, designs, plans, procedures, systems
and any other materials or properties produced under this Agreement shall be the sale and exclusive
property of City. No such materials or properties produced in whole or in part under this Agreement
shall be subject to private use, copyrights or patent rights by Consultant in the United States or in
any other country without the express written consent of City. City shall have unrestricted authority
to publish, disclose (except as may be limited by the provisions of the Public Records Act),
distribute, and otherwise use, copyright or patent, in whole or in part, any such reports, studies, data,
statistics, forms or other materials or properties produced under this Agreement.
13. Independent Contractor
City is interested only in the results obtained and Consultant shall perform as an independent
contractor with sale control of the manner and means of performing the services required under this
Agreement. City maintains the right only to reject or accept Consultant's work products. Consultant
and any of the Consultant's agents, employees or representatives are, for all purposes under this
Agreement, an independent contractor and shall not be deemed to be an employee of City, and none
of them shall be entitled to any benefits to which City employees are entitled including but not
limited to, overtime, retirement benefits, worker's compensation benefits, injury leave or other leave
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benefits. Therefore, City will not withhold state or federal income tax, social security tax or any
other payroll tax, and Consultant shall be solely responsible for the payment of same and shall hold
the City harmless with regard thereto.
14. Administrative Claims Requirements and Procedures
No suit or arbitration shall be brought arising out ofthis agreement, against the City unless a
claim has first been presented in writing and filed with the City and acted upon by the City in
accordance with the procedures set forth in Chapter 1.34 of the Chu1a Vista Municipal Code, as
same may ITom time to time be amended, the provisions of which are incorporated by this reference
as if fully set forth herein, and such policies and procedures used by the City in the implementation
of same.
Upon request by City, Consultant shall meet and confer in good faith with City for the
purpose of resolving any dispute over the terms of this Agreement.
15. Attorney's Fees
Should a dispute arising out of this Agreement result in litigation, it is agreed that the prevailing
party shall be entitled to ajudgment against the other for an amount equal to reasonable attorney's
fees and court costs incurred. The "prevailing party" shall be deemed to be the party who is awarded
substantially the relief sought.
16. Statement of Costs
In the event that Consultant prepares a report or document, or participates in the preparation
of a report or document in performing the Defined Services, Consultant shall include, or cause the
inclusion of, in said report or document, a statement of the numbers and cost in dollar amounts of all
contracts and subcontracts relating to the preparation of the report or document.
17. Miscellaneous
A. Consultant not authorized to Represent City
Unless specifically authorized in writing by City, Consultant shall have no authority to act as
City's agent to bind City to any contractual agreements whatsoever.
B. Consultant is Real Estate Broker and/or Salesman
Ifthe box on Exhibit A, Paragraph 16 is marked, the Consultant and/or their principals is/are
licensed with the State of California or some other state as a licensed real estate broker or
salesperson. Otherwise, Consultant represents that neither Consultant, nor their principals are
licensed real estate brokers or salespersons.
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C. Notices
All notices, demands or requests provided for or permitted to be given pursuant to this
Agreement must be in writing. All notices, demands and requests to be sent to any party shall be
deemed to have been properly given or served if personally served or deposited in the United States
mail, addressed to such party, postage prepaid, registered or certified, with return receipt requested,
at the addresses identified herein as the places of business for each of the designated parties.
D. Entire Agreement
This Agreement, together with any other written document referred to or contemplated
herein, embody the entire Agreement and understanding between the parties relating to the subject
matter hereof. Neither this Agreement nor any provision hereof may be amended, modified, waived
or discharged except by an instrument in writing executed by the party against which enforcement of
such amendment, waiver or discharge is sought.
E. Capacity of Parties
Each signatory and party hereto hereby warrants and represents to the other party that it has
legal authority and capacity and direction ITom its principal to enter into this Agreement, and that all
resolutions or other actions have been taken so as to enable it to enter into this Agreement.
F. Governing LawNenue
This Agreement shall be governed by and construed in accordance with the laws of the State
of California. Any action arising under or relating to this Agreement shall be brought only in the
federal or state courts located in San Diego County, State of California, and if applicable, the City of
Chula Vista, or as close thereto as possible. Venue for this Agreement, and performance hereunder,
shall be the City of Chu1a Vista.
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7~/¡
Signature Page
to
Agreement between City of Chula Vista and
Van Dyke, LLP, Landscape Architects
IN WITNESS WHEREOF, City and Consultant have executed this Agreement thereby
indicating that they have read and understood same, and indicate their full and complete consent to
its terms:
Dated:
,200-
City ofChula Vista
by:
Shirley Horton, Mayor
Attest:
Susan Bigelow, City Clerk
Approved as to form:
~1~~.
Jo . Kaheny, City At rney
Dated:
Van Dyke LLP
BY:~~
Mitch Phillippe, Member
Exhibit List to Agreement
(X)
(X)
Exhibit A
Exhibit B
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Exhibit A
to
Agreement between
City of Chula Vista
and
Van Dyke LLP
1. Effective Date of Agreement:
December 11, 2001
2. City-Related Entity:
(X)
()
City of Chula Vista, a municipal chartered corporation of the State of California
Redevelopment Agency of the City of Chu1a Vista, a political subdivision of the
State of California
()
Industrial
Development
Authority of the
City of Chula
Vista,
a
()
Other:
, a ("City")
3.
Place of Business for City:
City ofChula Vista,
276 Fourth Avenue,
Chula Vista, CA 91910
4.
Consultant:
VanDyke LLP
Mitch Phillippe, Principal
Dan Roberts, Project Director
Tim Jachlewski, Project Manager
5.
Business Form of Consultant:
( ) Sole Proprietorship
(X) Partnership
( ) Corporation
6.
Place of Business, Telephone and Fax Number of Consultant:
2970 Fifth Avenue, Suite 240
San Diego, California 92103
Voice Phone (619) 294-8484
Fax Phone (619) 574-0626
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7" 02-(;
7. General Duties:
7.1 Park Master Plan - Provide professional Landscape Architectural Services as required to
prepare, submit and obtain the Approval ITom the City Council for an Sunbow Neighborhood
Park Master Plan. Plan shall be prepared and all Consultant services shall be performed to
the satisfaction of the Director of Parks and Recreation. Plan shall consist of a Preliminary
Master Plan, Draft Master Plan and Master Plan with accompanying support documents as
outlined in Paragraph 5 as a Detailed Scope of Work.
7.2 Addenda to Contract Scope of Work - Parties acknowledge that the Scope of Services and/or
Fees may be expanded upon successful completion ofthe master planning work effort, as
defined solely by the City, if mutually agreeable to all parties to continue the park's
development with Consultant providing design development, construction documents and
construction administration phases of work. Addenda shall define phases and Consultant
services and shall be presented to City Council for Approval.
8. Detailed Scope of Work (Detailed Services"):
8.1 Detailed Scope of Work: Consultant shall provide the following services, all to the
satisfaction of the Director of Parks and Recreation:
8.2 Park Progranuning - The preliminary park programming used to prepare the Master Plan is
subject to change by Cityßs a result of the work effort. The preliminary progranuning is
established at this time to include the following:
1. One (I) Softball field with 40-foot candle lighting, 60' baselines and 300' radius
outfield
2. (I) Soccer field with 40-foot candle lighting and 360' length
3. (7) Picnic tables, some with BBQ's and shade structures
4. (I) Tot lot with play equipment targeting difference age groups
5. (2) Basketball courts with lighting
6. Informal facility (not monitored)Jo accommodate skate boarding and roller blading
7. Restroom/maintenance building
8. Automobile parking
9. Open lawn areas
10. Community Center to provide multi-purpose community recreational services including;
Recreational Programs, Human Services, Educational Services, Classes and
MeetinglRental space. The 15,885 square foot building is to include:
. 2,000 sq. ft. senior or teen annex (occupancy 400) with dividable spaces and utility
kitchen
. Multi-purpose dividable room
. Gymatorium
. Game room
Craft room
Kitchen
. Restrooms and Shower with dressing room
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7-,),1
.
Office
Utility room
Custodial room
Commensurate storage for each activity space
.
The master plan work effort shall include a review by Consultant ofthis progranuning and
provide a determination for the appropriateness ofthe progranuning for this park site and if
appropriate make recommendations to the City for modification.
8.3 Research, Inventory and Site Analysis: Provide an analysis of existing site conditions related
to park program. Consult with City and Applicant regarding opportunities, constraints of
existing site conditions and current design. Evaluate and describe opportunities and
constraints in graphic form including the following:
. Circulation and access
. Adjacent conditions and uses
Soil and hydrology
. Adjacent wetland and open space
. Orientation to climate and sun
Orientation to views and spatial patterns
From information provided by City and Applicant:
Legal and physical boundaries
Holdings and easements
Historical or archaeological significance
. Applicable ordinances
. Zoning, codes and guidelines
8.4 Community Workshops: Organize, coordinate and conduct three (3) public community
workshops to solicit input from the surrounding residents and interested citizens on the parks
development.
8.5 Conceptual Master Plan: Prepare three scenarios as conceptual alternatives illustrating
differences in arrangement of uses program emphasis, and character ofthe park. Evaluate
pros and cons of alternatives and work with City staff to define a preferred scenario. Refine,
as directed by City, the preferred scenario including the following:
. Refined program modules
. Order of magnitude costs
. Conceptual ideas for alternatives
. Architecture and facility diagrams
Site cross-sections
Functional relationships
. Social relationships
. Aesthetic and environmental opportunities
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8.6 Develop the refined, preferred scenario Conceptual Master Plan in three stages as 1) a
Preliminary Master Plan, 2) a Draft Master Plan and 3) a Master Plan. Develop and
incorporate the following elements at each of the three stages:
. All existing and proposed improvements
Park and recreational facilities clearly identified
Open space areas
. Trail system (pedestrian, bicycling, hiking, equestrian)
. Types offencing, retaining and freestanding walls.
. Walkways, pedestrian and vehicular circulation, interface, and protections and parking
. Irrigation mainline layout, with proposed and existing water meters
. Areas to receive conventional irrigation, temporary, drip, or none (as applicable).
. Water conservation measures.
. Lighting concepts
Indicate plant palette (botanical and common name), with types, location sizes, and
percentage of quantity by size, both proposed and existing and the stated design function
and purpose of each type:
0 Slope and erosion control treatment
0 Street trees
0 Seeding and container stock
0 Distinguish between groundcovers or lawn areas and method of separation
0 Relative drought tolerance of materials proposed
0 Relative fire retardance of materials proposed
0 Maintenance responsibilities and boundaries
Grading design and drainage intent
Signage and monumentation
. Property lines, easements, and deed restrictions
. Paved, unpaved areas, and types of paving
. Views (on-site and off-site) opportunities, preservation, and enhancements
. Implementation plan (Schedule)
. Financing plan
. Phasing plan (if appropriate)
. Estimate of probable construction costs with 15% contingency. The total construction
cost shall equal the City provided park construction budget.
. Architectural thematic design ofbuilding(s) including: thematic elevations, progranuning
to establish building footprint and estimate of probable costs with 15% contingency.
8.7 Filing Application: Prepare the appropriate plans and documents which are required by the
City and complete and submit the Park Master Plan Processing Application Form.
8.8 Estimate of Probable Cost: Provide an itemized analysis of costs of all elements of the
Project. Review with City staff. Work with City staff to develop a cost strategy including
the budget and/or phasing of improvements.
8.9 Meetings - Consultant shall provide written agendas and meeting notes for all meetings:
. Pre-Application Meeting: Meet with City staff to familiarize the Consultant with design
2ptyagm
December 11, 2001
Van Dyke LLP/City ofChu1a Vista
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7-.-(~
.
issues and expectations related to development of the park from the point of view of the
City. Review the park program and elements with appropriate agencies.
Evaluation Meeting: Present three scenarios (8.4) to City staff. City staffwill select J!
preferred alternative if acceptable. Respond to comments as directed by City Staff.
Refined Scenario Meeting§: Present refinement of selected Preferred Alternative of
Conceptual Plan to City staff as necessary to obtain City staff approval.
Periodic Meetings: Attend all meetings as listed in Exhibit D attached hereto.
Park and Recreation Commission Presentation: Present the Draft Park Master Plan to
the Park and Recreation Commission for review and comment. Respond to comments
as directed by City Staff. Present to P&R Commission refined alternatives until Draft
Park Master Plan is found acceptable to the P&R Commission.
City Council Presentation: Present the Final Park Master Plan to City Council for
Approval. Provide revisions or response to conditions of approval.
.
.
.
8.10 City Approval - Upon request, continue working with City staff and the Director of Parks
and Recreation to obtain written approval ofthe Park Master Plan from the City Council.
8.11 Additional Services: Include but are not limited to:
Revisions and changes to City approved drawings.
. Presentations to Public Agencies or meetings beyond those listed in the above Scope of
Services.
. Preparation of design alternatives after the completion of the Preliminary Master Plan.
. Additional services will be performed on an hourly basis only upon the prior written
approval ofthe City at the rates set forth in Exhibit C.
9. Schedule, Milestone, Time-Limitations within which to Perform Services (See "Processing Task
Summary Table - Attachment D")
9.1
Date for Commencement of Consultant Services:
(X) Same as Effective Date of Agreement
9.2 Deliverab1es - The work for this phase will be in the form of scaled, dimensioned drawings
as necessary to communicate the design intent, sizes and material selection for all scope
items. The instruments will be prepared in AutoCAD @ Release 14 on base plans issued
by the City and Applicant. The base plans will be in AutoCAD @ Release 14, and will be
fully coordinated with other consultant's work prior to issuance to Consultant.
Instruments of Service / Electronic Media:
Hard copy, original drawings and specifications are the deliverable instruments of service.
If work is prepared in electronic media format the Consultant will provide electronic
copies for convenience only. Electronic media will be prepared in AutoCAD@Release 14
format. In accepting and utilizing any drawings or other data on any form of electronic
media generated and provided by the Consultant, the City and Applicant covenants and
agrees that all such drawings and data are instruments of service of the Consultant. The
electronic files submitted by the Consultant to the City and Applicant are submitted for an
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December 11, 2001
Van Dyke LLP/City ofChula Vista
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7- -?:.L
acceptance period of five working days. Any defects the City and Applicant discovers
during this period will be reported to the Consultant and will be corrected.
9.3
Dates or Time Limits for Delivery ofDeliverables:
Deliverable No.1: Due no later than 18 weeks from date of Commencement of
Consultant Services
Preliminary Master Plan: Colored for presentation purposes:
Site Plan at appropriate scale (I) copy
Site Cross Sections at appropriate scale (as needed to communicate design intent)
Plan view of buildings (I) copy
A list of proposed construction materials and colors (I) copy
Deliverable No.2: Due no later than 30 weeks ITom date of Commencement of
Consultant Services.
Draft Park Master Plan: Colored and mounted for presentation to Parks and Recreation
Commission_purposes:
Site Plan at appropriate scale (I) copy
Site Cross Sections at appropriate scale (as needed to communicate design intent)
Plan view of Buildings with programming completed to define the building footprint and
costs (I) copy
Elevations (all sides) of buildings at y,." scale (I) copy
Entry Sketch perspective drawing (I) copy
A construction materials and colors sample board (I) copy
Additional Product:
Written text providing complete information on concept, implementation, cost estimate,
phasing, and all other information necessary to communicate the Draft Park Master Plan
(I) each
Deliverable No.3: Due no later than 35 weeks from date of Commencement of
Consultant Services.
Final Draft Park Master Plan: Colored and mounted for presentation to City Council
purposes:
Site Plan at appropriate scale (I) copy
Site Cross Sections at appropriate scale (as needed to communicate design intent)
Plan view of buildings with programming completed to define the building footprint and
costs (I) copy
Elevations (all sides) of buildings at y,." scale (I) copy
Entry sketch perspective drawing (I) copy
A construction materials and colors sample board (1) copy
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December 11, 2001
Van Dyke LLP/City ûfChula Vista
Page 17
7-~5
Additional Product:
Written text providing complete information on concept, implementation, cost estimate,
phasing and all other information necessary to communicate the Final Draft Park Master
Plan (1 each)
Full color, reduced (8-1/2" x II") reproductions of the Site Plan, Sections, Elevations, and
Entry drawings (1 each)
Deliverable No.4: Due no later than 40 weeks ITom date of Commencement of Consultant
Services.
Approved Park Master Plan: Colored and mounted for presentation purposes:
Site Plan at appropriate scale (I) copy
Site Cross Sections at appropriate scale (as needed to communicate design intent)
Plan view of buildings with progranuning completed to define the building footprint and
costs (1) copy
Elevations (all sides) of buildings at v.." scale (1) copy
Entry sketch perspective drawing (1) copy
A construction materials and colors sample board (1) copy
Additional Product:
Written text providing complete information on concept, implementation, cost estimate,
phasing and all other information necessary to communicate the Park Master Plan (1 each)
Full color, reduced (8-1/2" x II") reproductions of the Site Plan, Sections, Elevations, and
Entry drawings (1 each)
One set of reproducible for all of the above
Deliverable No.5: All tasks as listed within Exhibit B attached heretoJo be accomplished
no later than the week number to which it corresponds on Exhibit B.
9.4 Date for completion of all Consultant services:
Forty (40) weeks from the date ofthis agreement. Times for performance may be extended
in the sole discretion of the Director of Parks and Recreation.
10. Insurance Requirements:
(X) Statutory Worker's Compensation Insurance
(X) Employer's Liability Insurance coverage: $1,000,000.
(X) Commercial General Liability Insurance: $1,000,000.
( ) Errors and Omissions insurance: None Required (included in Commercial General
Liability coverage).
( ) Errors and Omissions Insurance: $500,000.00 (not included in Commercial General
Liability coverage).
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Van Dyke LLP/City ofChula Vista
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11. Materials Required to be Supplied by City to Consultant:
The City shall provide civil engineering drawings for the site providing grades property
boundaries, boundaries, restrictions and easements, adjacent street improvement drawings
providing services and utility lines.
12. Compensation:
A. () Single Fixed Fee Arrangement.
For performance of all of the Defined Services by Consultant as herein required, City shall pay a
single fixed fee in the amounts and at the times or milestones or for the Deliverables set forth
below:
Single Fixed Fee Amount:
, payable as follows:
Milestone or Event or Deliverable
Amount or Percent of Fixed Fee
() 1. Interim Monthly Advances. The City shall make interim monthly advances
against the compensation due for each phase on a percentage of completion basis for each
given phase such that, at the end of each phase only the compensation for that phase has been
paid. Any payments made hereunder shall be considered as interest ITee loans which must be
returned to the City if the Phase is not satisfactorily completed. If the Phase is satisfactorily
completed, the City shall receive credit against the compensation due for that phase. The
retention amount or percentage set forth in Paragraph 19 is to be applied to each interim
payment such that, at the end of the phase, the full retention has been held back ITom the
compensation due for that phase. Percentage of completion of a phase shall be assessed in
the sale and unfettered discretion by the Contracts Administrator designated herein by the
City, or such other person as the City Manager shall designate, but only upon such proof
demanded by the City that has been provided, but in no event shall such interim advance
payment be made unless the Contractor shall have represented in writing that said percentage
of completion of the phase has been performed by the Contractor. The practice of making
interim monthly advances shall not convert this agreement to a time and materials basis of
payment.
B. ( ) Phased Fixed Fee Arrangement.
For the performance of each phase or portion of the Defined Services by Consultant as are
separately identified below, City shall pay the fixed fee associated with each phase of
Services, in the amounts and at the times or milestones or Deliverables set forth. Consultant
shall not commence Services under any Phase, and shall not be entitled to the compensation
for a Phase, unless City shall have issued a notice to proceed to Consultant as to said Phase.
Phase Fee for Said Phase
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Van Dyke LLP/City ofChula Vista
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() 1. Interim Monthly Advances. The City shall make interim monthly advances
against the compensation due for each phase on a percentage of completion basis for each
given phase such that, at the end of each phase only the compensation for that phase has been
paid. Any payments made hereunder shall be considered as interest ITee loans which must be
returned to the City ifthe Phase is not satisfactorily completed. Ifthe Phase is satisfactorily
completed, the City shall receive credit against the compensation due for that phase. The
retention amount or percentage set forth in Paragraph 19 is to be applied to each interim
payment such that, at the end of the phase, the full retention has been held back ITom the
compensation due for that phase. Percentage of completion of a phase shall be assessed in
the sole and unfettered discretion by the Contracts Administrator designated herein by the
City, or such other person as the City Manager shall designate, but only upon such proof
demanded by the City that has been provided, but in no event shall such interim advance
payment be made unless the Contractor shall have represented in writing that said percentage
of completion of the phase has been performed by the Contractor. The practice of making
interim monthly advances shall not convert this agreement to a time and materials basis of
payment.
C. (X) Hourly Rate Arrangement
For performance of the Defined Services by Consultant as herein required, City shall pay
Consultant for the productive hours of time spent by Consultant in the performance of said
Services, at the rates or amounts set forth in the Rate Schedule herein below according to the
following terms and conditions:
(I)
(X) Not-to-Exceed Limitation on Time and Materials Arrangement
Notwithstanding the expenditure by Consultant of time and materials in excess of said
Maximum Compensation amount, Consultant agrees that Consultant will perform all of the
Defined Services herein required of Consultant for $110,000.00 including all Materials, and
other "reimbursables" ("Maximum Compensation").
(2)
( ) Limitation without Further Authorization on Time and Materials Arrangement
At such time as Consultant shall have incurred time and materials equal to
("Authorization Limit"), Consultant shall not be entitled to anyaddi-
tional compensation without further authorization issued in writing and approved by the
City. Nothing herein shall preclude Consultant from providing additional Services at
Consultant's own cost and expense.
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Rate Schedule
Categorvill~
ill Consultant
Hour1v Rate
Name
Van Dyke LLP
Principal
Computer Simulation Manager
Associate
Project Manager
Support Staff
CAD Technician
Admirristrative
Mitch Phillippe
Tim JacWewski
$140.00
$130.00
$125.00
$110.00
$90.00
$75.00
$45.00
Pemritted Subconsultants:
RBF Consulting
Principal
Project Manager
Project Engineer
Designer
Draftsperson
Administrative
$160.00
$122.00
$95.00
$76.00
$68.00
$45.00
RNP
Principal
Associate/Project Manager
Project Architect
Designer
Draftsperson
Admirristrative
$140.00
$95.00
$85.00
$70.00
$65.00
$45.00
Kanrad Engineering
Principal
Project Engineer
Engineer
Senior Designer
Draftsperson
Admirristrative
$150.00
$125.00
$110.00
$85.00
$60.00
$45.00
Shepardson Engineering
Principal
Serrior Engineer
Project Engineer
Staff Engineer
Draftsperson
Administrative
$155.00
$120.00
$100.00
$85.00
$50.00
$40.00
O'Connor Construction Management
Principal
Associate
Project Manager
Support Staff
CAD Technician
Administrative
$180.00
$115.00
$115.00
$100.00
$100.00
$50.00
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December 11, 2001
7-4
Van Dyke LLP/City ofChu1a Vista
Page 21
SITE Design Group
Principal
Associate
Project Manager
Designer
. CAD Technician
Administrative
$95.00
$75.00
$65.00
$65.00
$55.00
$45.00
( )
Hourly rates may increase by 6% for services rendered after August, 2002, if delay in
providing services is caused by City.
12. Materials Reimbursement Arrangement
For the cost of out of pocket expenses incurred by Consultant in the performance of services
herein required, City shall pay Consultant at the rates or amounts set forth below:
(X) None, the compensation includes all costs.
Cost or Rate
() Reports, not to exceed $_:
() Copies, not to exceed $_:
() Travel, not to exceed $_:
() Printing, not to exceed $_:
() Postage, not to exceed $_:
() Delivery, not to exceed $_:
() Long Distance Telephone Charges,
not to exceed $_.
() Other Actual Identifiable Direct Costs:
,not to exceed $_.
,not to exceed $_:
13. Contract Administrators:
City:
John Krizan
Parks and Recreation Department
276 Fourth Avenue
Chula Vista, CA 91910
(619) 409-5819
Consultant:
Mitch Phillippe
Van Dyke LLP
2970 Fifth Avenue, Snite 240
San Diego, California 92103
(619) 294-8484
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December 11, 2001
Van Dyke LLP/City ofChula Vista
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7- j.o
14. Project Manager: Tim Jach1ewski shall be the Project Manager and shall provide overall
management services and coordination of subconsultants on behalf of the Consultant and shall
remain the Project Manager for the entire term ofthis Contract unless City, in writing, aggress to
a replacement.
15. Liquidated Damages Rate:
( ) $NA per day.
( ) Other:
16. Statement of Economic Interests, Consultant Reporting Categories, per Conflict of Interest Code:
(X) Not Applicable. Not an FPPC Filer.
( ) FPPC Filer
( )
( )
( )
( )
( )
( )
Category No.1. Investments and sources of income.
Category No.2. Interests in real property.
Category No.3. Investments, interest in real property and sources of income
subject to the regulatory, permit or licensing authority of the department.
Category No.4. Investments in business entities and sources of income
which engage in land development, construction or the acquisition or sale of
real property.
Category No.5. Investments in business entities and sources of income of
the type which, within the past two years, have contracted with the City of
Chula Vista (Redevelopment Agency) to provide services, supplies,
materials, machinery or equipment.
Category No.6. Investments in business entities and sources of income of
the type which, within the past two years, have contracted with the
designated employee's department to provide services, supplies, materials,
machinery or equipment.
( ) Category No.7. Business positions.
( ) List "Consultant Associates" interests in real property within 2 radial miles of Project
Property, if any:
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Page 23
17. ( ) Consultant is Real Estate Broker and/or Salesman
18. Permitted Subconsultants:
RNP Inc. (Architect)
RBF Inc. (Civil Engineer)
Site Design (Skate area designer)
Kanran Engineering (Electrical Engineer)
Shepardson Engineering (Geotechnical Engineer)
O'Connor Construction Management Inc. (Construction Cost estimator)
19. Bill Processing:
A. Consultant's Billing to be submitted for the following period of time:
(X) Monthly
( ) Quarterly
( ) Other:
B. Day of the Period for submission of Consultant's Billing:
(X) First of the Month
( ) 15th Day of each Month
( ) End of the Month
( ) Other:
C. City's Account Number: 00861-2721
19. Security for Performance
( ) Performance Bond, $
( ) Letter of Credit, $
( ) Other Security:
Type:
Amount: $
(X) Retention. If this space is checked, then notwithstanding other provisions to the
contrary requiring the payment of compensation to the Consultant sooner, the City
shall be entitled to retain, at their option, either the following "Retention Percentage"
or "Retention Amount" until the City determines that the Retention Release Event,
listed below, has occurred:
(X) Retention Percentage: 10%
( ) Retention Amount: $
Retention Release Event:
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December 11, 2001
7-3~
Van Dyke LLP/City ofChula Vista
Page 24
(X) Completion of All Consultant Services to the satisfaction of, and as
solely determined by the Director of Parks and Recreation.
( ) Other:
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Exhibit B
Sunbow Neighborhood Park Master Plan
Processing Task Summary
Week Number Meet w/Staff Staff Review Activitv Description
1 X X Review progranuning expectations
(Site Facility and Project Budget)
2 X X Review progranuning expectations
(Site Facility and Project Budget)
3 X X Review progranuning expectations
(Site Facility and Project Budget)
4 X X Review progranuning expectations
(Site Facility and Project Budget)
5 X X Review progranuning expectations
(Site Analysis & Program synthesis)
6 X X Review progranuning expectations
(Site Analysis & Program synthesis)
7 X X Review programming expectations
(Site Analysis & Program synthesis)
8. X X Review programming expectations
(Site Analysis & Program synthesis)
Public Workshop #1
9 Consultant develops three scenarios - analysis
10 Consultant develops three scenarios - analysis
11 Consultant develops three scenarios - synthesis
12 Consultant develops three scenarios - synthesis
13 Consultant develops three scenarios - synthesis
14 X Consultant presents scenarios to staff
Public Workshop #2
15 X Staff prepares response to presentation and
selects preferred scenario
16 Consultant refines preferred scenario and prepares
Preliminary Master Plan & budget
17 Consultant refines preferred scenario and prepares
Preliminary Master Plan & budget
18 X X Consultant presents Preliminary Master PlanJo staff
Public Workshop #3
Deliverable No.1
19 X Staff prepares response to refined scenario
20 X X Staff prepares response to refined scenario
21 Consultant prepares Draft Master Plan & budget
22 Consultant reviews Draft MP for costs
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VanDyke LLP/City ofChula Vista
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Week Number Meet w/Staff Staff Review Activity Description
23 Consultant prepares Draft Master Plan, budget
building concepts, elevations, grading, etc.
24 Consultant prepares Draft Master Plan
25 X X Consultant presents Draft MP and budget to staff
26 X Staff prepares comments to Draft MP
27 X Staff prepares comments to Draft MP
28 Consultant refines Draft MP w/comments
29 Consultant refines Draft MP w/comments
30 X X Staff review* ISchedule Parks and Recreation
Commission (PRe) hearing
Deliverable No.2
31 X Staff prepares PRC report
32 X X Parks and Recreation Commission hearing*
33 Consultant prepares Final Draft_Master Plan &
budget, incorporates additional revisions, updates
drawings
34 Consultant prepares Final Draft Master Plan & budget
35 Consultant prepares Final Draft,Master Plan & budget
Deliverable No.3
36 X X Staffreview*/Schedule City Council hearing
37 X Staff prepares Council report
38 X Staff prepares Council report
39 X X City Council hearing*
40 X X Consultant completes Approved Master Plan
Deliverable No.4
* Schedule reflects plan that requires no additional review by discretionary entity.
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?- .3-5
COUNCIL AGENDA STATEMENT
Item S
Meeting Date 12/11/01
ITEM TITLE:
Resolution Approving the Second Amendment to the Agreement for
Citywide Street Sweeping Services with Cannon Pacific Services to extend
the Agreement on a Month-to-Month Basis for not more than the period of
January I, 2002 to June 30, 2002 and authorizing the Mayor to Execute
said Amendment.
S .al 0 . M \\Ýx'fÐrJ ¡).Iv'-
SUBMITTED BY: pecl peratlOns anager' G'
City Manager t; /'-p(V
ç.-'
On November 7, 2000 the City Council authorized the award of a street sweeping agreement
with Canon Pacific Services (Cannon). Cannon was a respondent to an RFP process in 1997 and
has agreed to continue to meet the terms of the initial agreement after the City and R.F. Dicks on
decided to end their agreement. Canon has also provided a significant improvement in equipment
and adjusted to a schedule adjustment by the City that increased the sweeping frequency for
many streets. Staff believes the change in service provider, equipment and schedule have
resulted in better service to residents and businesses.
REVIEWED BY:
(4/5ths Vote: Yes- NoJù
RECOMMENDATION: That City Council adopt the resolution approving the amendment to
the agreement extending the contract for citywide street sweeping services to Canon Pacifi c
Services on a month-to-month basis for the period of January 1,2002 through June 30,2002.
BOARDS/COMMISSIONS RECOMMENDATION: The Resource Conservation Commission
received an update as part of the Conservation Program report regarding the change in
contractors and increase in the sweeping schedule as it relates to a reduction in storm water
system and urban run-off impacts as part of increase in service that was part of the last contract
award.
DISCUSSION: In November 2000 Council approved an Agreement awarding the Street
Sweeping Contract to Cannon, that Agreement was scheduled to terminate in April 2001.
Through the exercising of a series of options and the approval of a five month extension, Cannon
has continued to provide Street Sweeping Services. (Exhibits A & B). Staff is requesting that
Council authorize a Second Amendment to the Agreement extending it on a month -to-month
basis for a maximum of six -months. Part of the requested extension will provide the time needed
to review the street sweeping bids submitted as part on November 27, 2001 in response to a
Request for Bid process. The bid required the successful bidder to provide new state of the art
sweeping equipment and geographic information system (GIS) tracking equipment to verify
sweeping service.
Additionally the time will allow the City Manager's office to compare the bids received to an
alternative proposal for service by City crews being prepared by the Department of Public
Works. The Department of Public Works expects to complete its analysis and proposal on our
before January 10, 2002. The City Manager's Office will complete its review and return to
Council with a recommendation on or about January 22,2002.
f-I
Page 2, Item .L
Meeting Date 12/11/01
The additional extension period would provide a new service provider time to prepare a route
plan, recruit and train equipment operators, and order new equipment. Once the agreement is
awarded the new service provider will need approximately twelve weeks to order and receive
new sweepers.
Staff expects that the new service provider may be able to start service in May. There are
adequate funds in this fiscal years street sweeping budget to continue the current contract through
June 30, 2002 if needed. Staff will provide Council with a complete review of future costs and
service under the proposed new agreement when staff returns to Council in January with a
recommendation.
FISCAL IMPACT: Street sweeping costs for the 2001/2002 fiscal year have been estimated at
$295,968 and include an estimate of the cost for sweeping additional new streets and related
projects. Those costs were included in the annual budget adopted by Council. There is no
additional impact to the general fund as a result of Council adopting Staff's recommendation and
extending the current agreement.
Attachments:
Exhibit A - Agreement with Cannon Pacific Services
Exhibit B - Extension to Agreement
Exhibit C - Second Amendment to the Agreement
Mtm:cannon-extension II
f-J.-
Exhibit A
AGREEMENT BETWEEN
CITY OF CHULA VISTA
AND
CANNON PACIFIC SERVICES
FOR STREET SWEEPING SERVICES
THIS AGREEMENT ("Agreement"), made and entered into this 7th day of November, 2000, by
and between the City of Chula Vista, California, a Municipal Corporation, hereinafter designated as
"City," and Canon Pacific Services, a California Corporation, hereinafter referred to as "Contractor".
WITNESSETH
WHEREAS, the City has solicited proposals for street sweeping within and on the streets of the
City of Chula Vista; and,
WHEREAS, R.F. Dickson and the Contractor have submitted to the City the first and second
lowest bid respectively to sweep the public streets within the City limits, and R.F. Dickson has as the
low bidder preformed those services for three years and four months; and
WHEREAS, R.F. Dickson and the City have not been able to reach agreement on the first of
two one-year extensions approved under the current agreement, and the Contractor has served 30 days
notice; and
WHEREAS, the City cannot reasonably complete the formal bid process within 30 days to
assure that the streets continue to be swept without interruption, and the Contractor has agreed to
assume the agreement under the compensation terms of their original bid as the second lowest bidder
while the City implements a formal bid process; and
WHEREAS, the agreement with the proposed Contractor will allow the City to continuing street
sweeping without interruption, to keep streets free of litter, reduce urban run-off and its impact to the
storm water management system and protect the public health and safety; and
"
WHEREAS, the proposed Contractor warrants and represents that they are experienced and
staffed in a manner such that they are and can prepare and deliver the services required of Contractor
to City within the time frames herein provided all in accordance with the terms and conditions of this
Agreement; and
WHEREAS, the proposed Contractor has made certain representations on which the City is
relying in entering into this Agreement, which representations are contained in the following
documents, and which documents are incorporated herein by reference as though specifically set forth
herein as representations:
mtm:Sweep Agreement-Cannon
11/7/00
Ç-3
Agreement for 11-00-6-00 Î<¡;).<)oò-t.{Oi'P
Page 1
1.
Regarding Contractor's ability to perform such street sweeping services as
contained in "Bid #12-96/97 Street Sweeping Services for the City of Chula
Vista", available in the City Purchasing Office.
2.
Regarding the length of time in business, states in which the Contractor is doing
business, financial strength, credit standing, cities served, term of contract with
such other cities served, equipment provided, and principal officers, all as set
forth in the revised letter from the Contractor dated October 13, 2000 as part of
the bid, attached hereto as Attachment A.
WHEREAS, the Contractor originally selected by the City as the low acceptable bidder has
requested to be relieved of any future obligations; and the Contractor has been determined to be the
acceptable second low bidder and has agreed to hold bid prices firm, allowing for a pre-established
consumer price adjustment; the City now desires to enter into an interim agreement through June 30,
2001 in order to maintain acceptable Citywide street sweeping service levels.
NOW, THEREFORE, BE IT RESOLVED that the City and Contractor do hereby mutually
agree as follows:
1. Contractor's Duties
A. General Duties
Contractor shall perform all of the services described on the attached Exhibit A, Paragraph 7,
entitled" General Duties"; and,
B. Scope of Work and Schedule
In the process of performing and delivering said "General Duties", Contractor shall also
perform all of the services described in Exhibit A, Paragraph 8, entitled" Scope of Work and
Schedule", not inconsistent with the General Duties, according to, and within the time frames set forth
in Exhibit A, Paragraph 8, within the time frames set forth therein, time being of the essence of this
agreement. The General Duties and the work required in the Scope of Work and Schedule shall be
herein referred to as the "Defined Services". Failure to complete the Defined Services by the times
indicated does not, except at the option of the City, operate to terminate this Agreement.
C. Reductions in Scope of Work
"
City may independently reduce the Defined Services to be performed by the Contractor under
this Agreement. Upon doing so, City and Contractor agree to meet in good faith and confer for the
purpose of negotiating a corresponding reduction in the compensation associated with said reduction.
D. Additional Services
In addition to performing the Defined Services herein set forth, City may require Contractor to
perform additional street sweeping services related to the Defined Services ("Additional Services"), if
they are within the scope of services offered by Contractor, Contractor shall perform same at the rates
set forth in the "Rate Schedule" in Exhibit A, Paragraph 11 (C). All compensation for Additional
Services shall be paid monthly as billed.
mtm:Sweep Agreement-Cannon
11/7/00
f;'f
Agreement for 11-00-6-00
Page 2
E. Standard of Care
Contractor, in performing any Services under this agreement, whether Defined Services or
Additional Services, shall perform in a manner consistent with that level of care and skill ordinarily
exercised by members of the profession currently practicing under similar conditions and in similar
locations.
F. Insurance
Contractor represents that it and its agents, staff and sub consultants employed by it in connection
with the Services required to be rendered, are protected against the risk of loss by the following
insurance coverages, in the following categories, and to the limits specified, policies of which are
issued by Insurance Companies that have a Best's Rating of "A +, Class VII" or better, or shall meet
with the approval of the City:
Statutory Worker's Compensation Insurance and Employer's Liability Insurance coverage in the
amount set forth in the attached Exhibit A, Paragraph 9.
Commercial General Liability Insurance including Business Automobile Insurance coverage in
the amount set forth in Exhibit A, Paragraph 9, combined single limit applied separately to each project
away from premises owned or rented by Contractor, which names City and Applicant as an Additional
Insured, and which is primary to any policy which the City may otherwise carry ("Primary Coverage"),
and which treats the employees of the City and Applicant in the same manner as members of the
general public ("Cross-liability Coverage").
Errors and Omissions insurance, in the amount set forth in Exhibit A, Paragraph 9, unless
Errors and Omissions coverage is included in the General Liability policy.
G. Proof of Insurance Coverage.
(1) Certificates of Insurance.
Contractor shall demonstrate proof of coverage herein required, prior to the effective
date of this Agreement, by delivery of Certificates of Insurance demonstrating same, and further
indicating that the policies may not be canceled without at least thirty (30) days written notice to the
Additional Insured.
(2) Policy Endorsements Required.
"
In order to demonstrate the Additional Insured Coverage, Primary Coverage and
Cross-liability Coverage required under Contractor's Commercial General Liability Insurance Policy,
Contractor shall deliver a policy endorsement to the City demonstrating same, which shall be reviewed
and approved by the Risk Manager.
H. Security for Performance.
(1) Performance Bond. (Intentionally Omitted)
(2) Letter of Credit. Intentionally Omitted)
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(3) Other Security
In the event that Exhibit A, at Paragraph 19, indicates the need for Contractor to provide
security other than a Performance Bond or a Letter of Credit (indicated by a check mark in the
parenthetical space immediately preceding the subparagraph entitled "Other Security"), then Contractor
shall provide to the City such other security therein listed in a form and amount satisfactory to the Risk
Manager or City Attorney.
I.
Business License
Contractor agrees to obtain a business license from the City and to otherwise comply with Title
5 of the Chula Vista Municipal Code.
2. Duties of the City
A. Consultation and Cooperation
City shall regularly consult the Contractor for the purpose of reviewing the progress of the Defined
Services and Schedule therein contained, and to provide direction and guidance to achieve the
objectives of this agreement. In addition thereto, City agrees to provide the information set forth on
Exhibit A, Paragraph 10, and with the further understanding that delay in the original provision of
these materials beyond 30 days after authorization to proceed, shall constitute a basis for the justifiable
delay in the Contractor's performance of this agreement.
B. Compensation
Upon receipt of a properly prepared billing from Contractor submitted to the City periodically
as indicated in Exhibit A, Paragraph 18, but in no event more frequently than monthly, on the day of
the period indicated in Exhibit A, Paragraph 18, City shall compensate Contractor for all services
rendered by Contractor according to the terms and conditions set forth in Exhibit A, Paragraph 11,
adjacent to the governing compensation relationship indicated by a "checkmark" next to the appropriate
arrangement, subject to the requirements for retention set forth in paragraph 19 of Exhibit A.
All billings submitted by Contractor shall contain sufficient information as to the propriety of
the billing to permit the City to evaluate that the amount due and payable thereunder is proper, and
shall specifically contain the City's account number indicated on Exhibit A, Paragraph 18 (C) to be
charged upon ma~ing such payment.
"
3. Administration of Contract
Each party designates the individuals ("Contract Administrators") indicated on Exhibit A,
Paragraph 13, as said party's contract administrator who is authorized by said party to represent them
in the routine administration of this agreement.
4. Term.
This Agreement shall terminate when the Parties have complied with all executory provisions hereof.
5. Liquidated Damages
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The proYisions of this section apply if a Liquidated Damages Rate is provided in Exhibit A,
Paragraph 14.
It is acknowledged by both parties that time is of the essence in the completion of this
Agreement. It is difficult to estimate the amount of damages resulting from delay in performance. The
parties have used their judgment to arrive at a reasonable amount to compensate for delay.
Failure to complete the Defined Services within the allotted time period specified in this
Agreement shall result in the following penalty: For each consecutive calendar day in excess of the
time specified for the completion of the respective work assignment or Deliverable, the consultant shall
pay to the City, or have withheld from monies due, the sum of Liquidated Damages Rate provided in
Exhibit A, Paragraph 14 ("Liquidated Damages Rate").
Time extensions for delays beyond the consultant's control, other than delays caused by the
City, shall be requested in writing to the City's Contract Administrator, or designee, prior to the
expiration of the specified time. Extensions of time, when granted, will be based upon the effect of
delays to the work and will not be granted for delays to minor portions of work unless it can be shown
that such delays did or will delay the progress of the work.
6. Financial Interests of Contractor
A. Contractor is Designated as an FPPC Filer.
If Contractor is designated on Exhibit A, Paragraph 15, as an "FPPC filer", Contractor is
deemed to be a "Contractor" for the purposes of the Political Reform Act conflict of interest and
disclosure provisions, and shall report economic interests to the City Clerk on the required Statement of
Economic Interests in such reporting categories as are specified in Paragraph 15 of Exhibit A, or if
none are specified, then as determined by the City Attorney.
B. Decline to Participate.
Regardless of whether Contractor is designated as an FPPC Filer, Contractor shall not make, or
participate in making or in any way attempt to use Contractor's position to influence a governmental
decision in which Contractor knows or has reason to know Contractor has a financial interest other than
the compensation promised by this Agreement.
C. Search to Determine Economic Interests.
Regardless of whether Contractor is designated as an FPPC Filer, Contractor warrants and
represents that Contractor has diligently conducted a search and inventory of Contractor's economic
interests, as the term is used in the regulations promulgated by the Fair Political Practices Commission,
and has determined that Contractor does not, to the best of Contractor's knowledge, have an economic
interest which would conflict with Contractor's duties under this agreement.
D. (1) Promise Not to Acquire Conflicting Interests.
Regardless of whether Contractor is designated as an FPPC Filer, Contractor further warrants
and represents that Contractor will not acquire, obtain, or assume an economic interest during the term
of this Agreement which would constitute a conflict of interest as prohibited by the Fair Political
Practices Act.
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E. Duty to Advise of Conflicting Interests.
Regardless of whether Contractor is designated as an FPPC Filer, Contractor further warrants
and represents that Contractor will immediately advise the City Attorney of City if Contractor learns of
an economic interest of Contractor's, which may result in a conflict of interest for the purpose of the
Fair Political Practices Act, and regulations promulgated thereunder.
F. Specific Warranties Against Economic Interests.
Contractor warrants and represents that neither Contractor, nor Contractor's immediate family
members, nor Contractor's employees or agents ("Contractor Associates") presently have any interest,
directly or indirectly, whatsoever in any property which may be the subject matter of the Defined
Services, or in any property within 2 radial miles from the exterior boundaries of any property which
may be the subject matter of the Defined Services, ("Prohibited Interest"), other than as listed in
Exhibit A, Paragraph 15.
Contractor further warrants and represents that no promise of future employment, remuneration,
consideration, gratuity or other reward or gain has been made to Contractor or Contractor Associates in
connection with Contractor's performance of this Agreement. Contractor promises to advise City of
any such promise that may be made during the Term of this Agreement, or for 12 months thereafter.
Contractor agrees that Contractor Associates shall not acquire any such Prohibited Interest
within the Term of this Agreement, or for 12 months after the expiration of this Agreement, except
with the written permission of City.
Contractor may not conduct or solicit any business for any party to this Agreement, or for any
third party, which may be in conflict with Contractor's responsibilities under this Agreement, except
with the written permission of City .
7. Hold Harmless
Contractor shall defend, indemnify, protect and hold harmless the City, its elected and
appointed officers and employees, from and against all claims for damages, liability, cost and expense
(including without limitation attorneys' fees) arising out of the conduct of the Contractor, or any agent-
or employee, subcontractors, or others in connection with the execution of the work covered by this
Agreement, except only for those claims arising from the sole negligence or sole willful misconduct of
the City, its officers, or employees. Contractor's indemnification shall include any and all costs,
expenses, attorneys"iees and liability incurred by the City, its officers, agents, or employees in defend-
ing against such claims, whether the same proceed to judgment or not. Further, Contractor at its own
expense shall, upon written request by the City, defend any such suit or action brought against the
City, its officers, agents, or employees. Contractors' indemnification of City shall not be limited by
any prior or subsequent declaration by the Contractor.
8. Termination of Agreement for Cause
If, through any cause, Contractor shall fail to fulfill in a timely and proper manner Contractor's
obligations under this Agreement, or if Contractor shall violate any of the covenants, agreements or
stipulations of this Agreement, City shall have the right to terminate this Agreement by giving written
notice to Contractor of such termination and specifying the effective date thereof at least five (5) days
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before the effective date of such termination. In that eyent, all finished or unfinished documents, data,
studies, surveys, drawings, maps, reports and other materials prepared by Contractor shall, at the
option of the City, become the property of the City, and Contractor shall be entitled to receive just and
equitable compensation for any work satisfactorily completed on such documents and other materials up
to the effective date of Notice of Termination, not to exceed the amounts payable hereunder, and less
any damages caused City by Contractor's breach.
9. Errors and Omissions
In the event that the City Administrator determines that the Contractors' negligence, errors, or
omissions in the performance of work under this Agreement has resulted in expense to City greater
than would have resulted if there were no such negligence, errors, omissions, Contractor shall
reimburse City for any additional expenses incurred by the City. Nothing herein is intended to limit
City's rights under other provisions of this agreement.
10. Termination of Agreement for Convenience of City
City may terminate this Agreement at any time and for any reason, by giving specific written
notice to Contractor of such termination and specifying the effective date thereof, at least thirty (30)
days before the effective date of such termination. In that event, all finished and unfinished documents
and other materials described hereinabove shall, at the option of the City, become City's sole and
exclusive property. If the Agreement is terminated by City as provided in this paragraph, Contractor
shall be entitled to receive just and equitable compensation for any satisfactory work completed on such
documents and other materials to the effective date of such termination. Contractor hereby expressly
waives any and all claims for damages or compensation arising under this Agreement except as set
forth herein.
11. Assignability
The services of Contractor are personal to the City, and Contractor shall not assign any interest
in this Agreement, and shall not transfer any interest in the same (whether by assignment or novation),
without prior written consent of City.
12. Ownership, Publication, Reproduction and Use of Material
All reports, studies, information, data, statistics, forms, designs, plans, procedures, systems and
any other materials or properties produced under this Agreement shall be the sole and exclusive
property of City. NO such materials or properties produced in whole or in part under this Agreement
shall be subject to private use, copyrights or patent rights by Contractor in the United States or in any
other country without the express written consent of City. City shall have unrestricted authority to
publish, disclose (except as may be limited by the provisions of the Public Records Act), distribute, and
otherwise use, copyright or patent, in whole or in part, any such reports, studies, data, statistics, forms
or other materials or properties produced under this Agreement.
13. Independent Contractor
City is interested only in the results obtained and Contractor shall perform as an independent
contractor with sole control of the manner and means of performing the services required under this
Agreement. City maintains the right only to reject or accept Contractor's work products. Contractor
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and any of the Contractor's agents, employees or representatiyes are, for all purposes under this
Agreement, an independent contractor and shall not be deemed to be an employee of City, and none of
them shall be entitled to any benefits to which City employees are entitled including but not limited to,
overtime, retirement benefits, worker's compensation benefits, injury leave or other leave benefits.
Therefore, City will not withhold state or federal income tax, social security tax or any other payroll
tax, and Contractor shall be solely responsible for the payment of same and shall hold the City
harmless with regard thereto.
14. Administrative Claims Requirements and Procedures
No suit or arbitration shall be brought arising out of this agreement, against the City unless a
claim has first been presented in writing and filed with the City and acted upon by the City in
accordance with the procedures set forth in Chapter 1.34 of the Chula Vista Municipal Code, as same
may from time to time be amended, the provisions of which are incorporated by this reference as if
fully set forth herein, and such policies and procedures used by the City in the implementation of same.
Upon request by City, Contractor shall meet and confer in good faith with City for the purpose
of resolving any dispute over the terms of this Agreement.
15. Attorney's Fees
Should a dispute arising out of this Agreement result in litigation, it is agreed that the prevailing party
shall be entitled to recover all reasonable costs incurred in the defense of the claim, including costs and
attorney's fees.
16. Statement of Costs
In the event that Contractor prepares a report or document, or participates in the preparation of a
report or document in performing the Defined Services, Contractor shall include, or cause the inclusion
of, in said report or document, a statement of the numbers and cost in dollar amounts of all contracts
and subcontracts relating to the preparation of the report or document.
17. Miscellaneous
A. Contractor not authorized to Represent City
Unless spècifically authorized in writing by City, Contractor shall have no authority to act as
City's agent to bind City to any contractual agreements whatsoever.
"
B. Contractor is Real Estate Broker and/or Salesman
If the box on Exhibit A, Paragraph 16 is marked, the Contractor and/or their principals is/are licensed
with the State of California or some other state as a licensed real estate broker or salesperson.
Otherwise, Contractor represents that neither Contractor, nor their principals are licensed real estate
brokers or salespersons,
C. Notices
All notices, demands or requests provided for or permitted to be given pursuant to this
Agreement must be in writing. All notices, demands and requests to be sent to any party shall be
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de.emed to have been properly given or served if personally served or deposited in the United States
mail, addressed to such party, postage prepaid, registered or certified, with return receipt requested, at
the addresses identified herein as the places of business for each of the designated parties,
D. Entire Agreement
This Agreement, together with any other written document referred to or contemplated herein,
embody the entire Agreement and understanding between the parties relating to the subject matter
hereof. Neither this Agreement nor any provision hereof may be amended, modified, waived or
discharged except by an instrument in writing executed by the party against which enforcement of such
amendment, waiver or discharge is sought.
E. Capacity of Parties
Each signatory and party hereto hereby warrants and represents to the other party that it has
legal authority and capacity and direction from its principal to enter into this Agreement, and that all
resolutions or other actions have been taken so as to enable it to enter into this Agreement.
F. Governing Law/Venue
This Agreement shall be governed by and construed in accordance with the laws of the State of
California. Any action arising under or relating to this Agreement shall be brought only in the federal
or state courts located in San Diego County, State of California, and if applicable, the City of Chula
Vista, or as close thereto as possible. Venue for this Agreement, and performance hereunder, shall be
the City of Chula Vista.
"
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Signature Page
to
Agreement between City of Chula Vista and Cannon Pacific Services
for Street Sweeping Services
IN WITNESS WHEREOF, City and Contractor have executed this Agreement thereby
indicating that they have read and understood same, and indicate their full and complete consent to its
terms:
Dated:~_b'..r 7~J!d).o,,(j
City of Chula Vista
by: dJu1Lui /Ý1y¡z;~
Shirley Hor n, Mayor
Attest:
~ J áJ.13.~ J:¡r---'
Susan Bigelow, Ci Clerk
Approved as to form:
Dated:
"
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Exhibit A
to
Agreement between
City of Chula Vista
and
Cannon Pacific Services, Inc.
1.
Effective Date of Agreement: November 1, 2000
2.
City-Related Entity:
(x)
City of Chula Vista, a municipal chartered corporation of the State of California
()
Redevelopment Agency of the City of Chula Vista, a political subdivision of the
State of California
()
Industrial Development Authority of the City of Chula Vista, a
()
, a [insert business
Other:
form]
("City")
3.
Place of Business for City:
City of Chula Vista
City Manager's Office
2764'" Avenue
Chula Vista, CA 91910
4.
Contractor:
Cannon Pacific Services
Attention: Pat Cannon, President
s.
"
Business Form of Contractor:
( ) Sole Proprietorship
( ) Partnership
(x) Corporation
6.
Place of Business, Telephone and Fax Number of Contractor:
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P~/!J
H.
C.
Streets swept twice per week.
D.
Center islands and medians swept twice per month.
E.
Center lines swept twice per month.
F.
Non-curbed streets swept twice per month.
G.
Parking lots swept once per month*.
Other special sweeping requested by the City at the rate of $65 per hour.
* The City may add additional lots at it's sole discretion which shall be swept
based on an agreed upon amount based on a rate of $35 per hour.
b. Type of Equipment:
The type of street sweeping equipment used by the Contractor shall be consistent with
the current standards in the industry and shall be subject to the approval of the City Manager
or his designee. The equipment to be used shall be specified in the Contractor's proposal.
Vehicles and equipment used to perform the services provided for herein, shall be modern,
clean, and maintained in good mechanical condition at all times. In addition, the following
shall apply:
A.
B.
C.
Contractor shall use at least one standard heavy duty broom-type sweeper and
one regenerative air sweeper which will clean the streets of the City of paper,
wet leaves, dirt, rocks and debris. The broom, brush and or air system shall be
applied with sufficient pressure to pick up said material in one pass.
The City recommends use of two (2) street sweepers with one backup sweeper.
The age of anyone vehicle shall not be more than six (6) years old at any time
unless certification is presented by the Contractor and approved by the City
Manager or his designee, that equipment has been completely overhauled and/or
rebuilt.
~ll equipment shall be equipped in accordance with existing State law, equipped
with safety lighting and markings appropriate for slow-moving vehicles, and
shall be equipped with a flashing light with the following characteristics:
1.
Visible for a minimum of one mile.
2.
Flash 60 to 90 times per minute.
3.
Mounted for 360 degree visibility.
4.
Equipped with amber lens.
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Ç,It.(
6102 Avenida Encinas SuiteH and I,
Carlsbad CA, 92009
P.O. Box 230147 Encinitas CA, 92023-0147
Encinitas, California 90242
Phone (760) 943-9633
Fax (760) 602-0522
7. General Duties:
Contractor shall provide sweeping of City streets, center islands/medians, center lines
and parking lots in accordance with the schedules included herein.
The Scope of Services contained herein are designed to establish an effective, efficient
and safe system of street cleaning that provides for the following intended purposes:
A.
Establish and maintain a continuous level of cleanliness of City streets in order
to prevent as much litter and fines from entering the storm water system as
possible assure protection of the health, safety and welfare of the community, to
enhance the aesthetics of the City by providing litter free streets and to.
B.
Clean City streets in a coordinated manner, by a communicating with' the City to
regarding the development and implementation of a routing system that
compliments solid waste and recycling collection, residential and commercial
parking patterns and that will generally will improve current street cleaning
practices while decreasing costs.
8. Scope of Work and Schedule:
a. Detailed Scope of Work:
The Contractor shall clean all curbs, gutters, cross gutters, median curbs and painted
islands, centerlines, road shoulders, turning lanes, alleys and parking lots located in the City as
designated below. At all intersections, the Contractor shall sweep the curb return areas.
Parking is not restricted for street sweeping purposes. The contractor shall sweep around any
vehicle on City streets and in doing so make every reasonable effort to sweep as close to the
parked vehicle as possible.
The stre~s and parking lots to be cleaned, the street segment lengths, and the frequency
of cleaning are listed in Exhibit "A" and Exhibit "B". The lengths represent the City's best
measurement. Payment will be based on the quantities indicated with no adjustments except as
provided herein. Contractor is responsible for verifying and inspecting all conditions prior to
starting work.
The streets and parking lots to be cleaned are divided into the following categories:
A.
Streets swept twice per month.
B.
Streets swept once every week.
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f-/5"
J.
K.
L.
D.
Equipment shall be kept clean at all times.
E.
Mechanical brushes and brooms shall be maintained in proper condition and
shall be replaced by the sooner to occur of; as recommended by the
manufacturer or when pick-up ability becomes impaired.
F.
All street sweepers shall be equipped with adequate water systems for dust
control.
G.
All street sweepers shall be equipped with a 12-hour tachograph that indicates
travel time, speed, mileage and broom-down sweeping time through an
indication of broom-down time. In addition, Contractor shall indicate starting
and ending streets on tachographs and/or route numbers. Alternately, the
contractor may use an approved Global Positioning System (GPS) and provide
the City with internet access to the real time report data at no additional cost.
H.
Contractor shall provide any adequate support equipment including debris
transfer vehicles, pickup trucks, service trucks, tire trucks, and any other item
of equipment necessary to provide sweeping services as described in these
specifications.
I.
All equipment (including support equipment) to be used by the Contractor shall
be listed as a part of the detailed inventory section of the Contractor's
qualifications supporting data. All such equipment is subject to the inspection
and final approval of the City. Such approval may require on-site demonstration
of the capability of any proposed equipment.
The City shall have the option to perform a complete inspection of all vehicles at
any time throughout the term of the Contract. Should any vehicle, when
inspected, and in the determination of the City, not meet standards that the City
feels are necessary to complete the Contract or to operate safely, the City may
require such vehicle to be brought to standard before being placed back in
service.
The City reserves the right over the life of this contract or extensions thereof to
r~ect any equipment for use for sweeping City streets. The Contractor shall
furnish at no additional cost equipment satisfactory to the City.
Nothing herein shall preclude the Contractor from substituting other equal
equipment due to maintenance or other factors upon prior notice to the City.
Prior to awarding the bid, and at any time during the life of the contract to
provide street sweeping service, all equipment shall be available for inspection
by the City upon 24-hour notification to the Contractor.
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f-li.;
M.
Equipment must have sufficient mufflers and other silencing devices to permit
its operation within City noise standards (60db at 25 feet). All equipment shall
be subject to City approval prior to use.
N.
Sweeper speeds shall not exceed eight (8) MPH when sweeping.
c. Other Requirements:
SIGNS. The Contractor shall at no additional cost to the City place signs approved by
the City on the street sweeping equipment used in the performance of the work, which signs
shall be visible from both sides of the vehicle and shall read "Under Contract to the City of
Chula Vista. "
OFFICE. Contractor shall maintain an office within San Diego County, or provide an
800 telephone number, staffed by a responsible representative for receipt of requests from 8:00
a.m. to 5:00 p.m., Monday through Friday, not including approved holidays. Contractor shall
provide a list of names and phone numbers of supervisory personnel who can be contacted on a
24-hour basis to respond to emergency needs. This list shall be kept current by the Contractor
for the life of the contract.
d. Standards of Performance:
Street sweeping shall be performed in accordance with accepted standards for municipal
street cleaning. When necessary for proper cleaning, Contractor shall slow down and/or make
more than one pass on a street as necessary to meet the acceptable standard, without extra
charge.
Standards of performance shall include sweeping all intersection curb returns and all
cross gutters in a manner as to eliminate "diamonds," of debris. If additional passes through
an intersection are required in order to adequately sweep both a return and a cross gutter, the
Contractor shall make the necessary passes without extra charge. On streets with uncurbed
median islands created by pavement striping, the median areas shall be swept their entire
width.
The equipment operator shall maintain lists of locations that cannot be adequately swept
because of obstructions such as low hanging limbs or vehicles that are parked on the City
streets for extended periods of time. These locations shall be turned into the Public Works
Department as soon as possible. Deductions may be made from Contractor's payments for
areas not swept due to obstructions that were not reported to the Department.
The Contractor shall repair or replace all existing improvements which are damaged as
a result of its operation. Improvements, such as, but not limited to, curbs, gutters, driveways,
or signs, shall be repaired and replaced to a condition equal to or better than the original
condition, and no additional compensation shall be made by City.
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f-Il
The Contractor is expected to clean the entire area of the City parking lots and shall use
air blowers or other methods in all parking lots to move debris to a location where it can be
swept up.
The Contractor shall dispose of all refuse collected by hauling the same to the Otay
Landfill or by contracting with Pacific Waste Services for roll-off services. The hauling or
delivery of waste to the Otay Landfill shall be at Contractor's expense. Receipts of disposal
shall be summarized and attached by the Contractor and submitted monthly to the City
Manager's Office along with the monthly invoice. The cost for collection, hauling and
disposal of sweeping refuse, including any and all landfill fees, is included in the bid prices,
and no additional compensation will be paid therefore. The City shall provide the Contractor
with three "landfill passes which shall provide access and free disposal for the Contractors
sweepers. The disposal portion, (landfill tipping fee) shall be deducted from the monthly
invoice at the rate of $34 per ton up to 100 tons per month, and $17 per ton above 100 tons.
The City shall authorize free disposal at the landfill by providing the Contractor with three (3)
original letters to use as passes for free disposal at the Otay landfill. The Contractor shall limit
their use of the passes to waste generated under this agreement.
Transfer points for storage of sweepings must be approved by the City, and in no case
be stored in the City in excess of five working days. Disposal areas shall be approved in
advance by the City.
The Contractor shall provide security to such transfer points to prevent the spread of
the refuse by others or by nature, or the addition of debris to the sweeping refuse by others.
Transfer points shall be kept clean at all times. The City Manager or his designee reserves the
right to inspect the transfer points, and if the City determines the transfer points are not being
maintained properly, it will notify the Contractor to clean up the area. Said clean up will be
completed within 24 hours of notification.
The Contractor shall make all necessary arrangement to obtain and pay for water
necessary for the operation from the appropriate water district or authority. The Contractor
shall maintain an accounting of the amount of water used each day and have this information
available upon request. No additional compensation will be paid.
e.
Sweeping Schedule:
"
As soon as possible but no later than 30 days of the execution of the agreement the
selected Contractor shall submit a sweeping schedule to the City Manager. The schedule shall
identify the streets or neighborhoods to be swept each week. The schedule shall provide for
the sweeping of streets and intersections. The required sweeping schedule must provide the
following information:
A list of the Contractor's proposed cleaning routes for a complete cycle of
cleaning, with identification of all streets to be cleaned on each route in
sequence. Routes shall show direction of travel and include head-in locations
and routes shall indicate start/end locations for each day's work.
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f-/f
A.
Any subsequent changes or revisions to Route Lists throughout the contract period must
have the prior written approval of the Special Operations Manager or their designated
representative.
Prior to A ward of the Contract, the contractor shall provide the name of a contact
person and phone number for use by the Special Operations Manager or designee in case of
routine questions relating to the contract, street sweeping schedule, new street additions and
resolution of citizen complaints.
The Contractor shall prepare a monthly cleaning cycle showing the proposed sweeping
route schedule and submit two copies to the City. In the event the schedule is changed, the
Contractor shall submit a revised route schedule to the City at least five (5) working days prior
to the change. In the event a sweeping route or routes are changed, the Contractor shall
submit a revised list and map of the proposed route. Such route lists and maps shall be
submitted for both Contractor and City initiated route changes, including additions caused by
acceptance of new streets into the City's maintained mileage, at least five (5) working days
prior to sweeping.
The Special Operations Program Division will monitor the Contractor's work
performance. All streets cleaned by the Contractor must present an appearance which is
completely satisfactory to the monitoring Inspector, and within the cleanliness guidelines of the
City.
Any deficiency in the Contractor's performance shall be reported to the Contractor
within 24 hours following completion of work, and such deficiencies shall be corrected by the
Contractor no later than 48 hours following receipt of such notice. Failure to cure the
complaint within 48 hours shall result in the deduction of 150% of the contract value or $22.32
per mile.
The City shall maintain a log of inspections and will verify completion of the
contractor's work with the Contractor at a minimum of once per month.
In the event a street rehabilitation or improvement project is under construction or will
be under construction where cleaning is scheduled, that portion of a cleaning cycle will be
deleted from the appropriate Route List at the direction of the Special Operations Manager.
The section(s) of streets deleted may be re-entered at the first scheduled cycle following
completion of the rehabilitation. Such deletions shall be reflected in the Contractor's request
for payments,
Prior to re-entering any such street into the cycle, a field inspection shall be made by
the Manager's Office and the Contractor to determine what cleaning will be required by others.
In no event will the Contractor be allowed additional compensation by the Department for
initial cleaning of a re-entered street following rehabilitation or construction.
In addition to the procedure for verification of work performed as described herein, the
Contractor shall lend whatever necessary assistance the City may request with respect to
verification of work performed.
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,f-19
Agreement for 11-00-6-00
Page 21
B.
The mileage for each street on each route must be identified as Right Hand or
Left Hand sweeping mileage.
C.
Each route list must reference the segment of streets as listed in Exhibit A, List
of Streets to be Swept.
D.
The total mileage for all proposed routes must equal the mileages contained in
the Designated Streets Section of the Specifications for each Section of streets to
be cleaned.
E.
Maps of all routes shall accompany the Contractor's list of proposed cleaning
routes.
The Contractor shall schedule the hours of operation as approved by the City
Manager's designee so as to sweep the streets when a minimum number of vehicles are
expected to be parked at the curb such as prior to 7 am in commercial areas and after 8:30 am
in residential areas. The Contractor shall also make every effort to schedule the sweeping on
days following regular trash collections, but in no event any closer than two days prior to trash
pickup.
The hours during which the sweeping shall be performed shall be at the discretion of
the Contractor, with the approval of the Director of Public Works. The Contractor may be
required to do early morning sweeping as on certain major streets and parking lots. No
sweeping in residential areas shall be started prior to 8:00 a.m., or later than 4:00 p.m.
The City has several areas where on-street parking of adjacent residents prevents
adequate sweeping. City may, in future, provide legislation to prohibit parking at certain times
or on alternate weeks for each side of the street. City reserves the right to require Contractor
to revise the sweeping schedule accordingly to provide an adequate level of sweeping. All
such changes shall.be within the scope of Contractors bid and no additional charge or payment
shall be made therefor.
All municipal and park parking lots shall be swept on a weekday, between the hours of
4:30 a.m. and 7:00 a.m. The entire surface area of each lot shall be swept. The Contractor
shall submit for approval a schedule indicating the days and times that these lots will be swept.
"
f. Holidays and Inclement Weather:
When inclement weather, in the opinion of the City Manager, prevent adherence to the
regular sweeping schedule for two or less days in a given week, the sweeping areas so affected
by the inclement weather shall be swept within the following one week period from the date of
the scheduled sweeping, without interruption of the regular sweeping schedule. The
Contractor shall perform all extra work required by such inclement weather without additonal
charge.
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Agreement for 11-00-6-00
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þ~ø(O
As to holidays, when any holiday or observance as specified in the Government Code
of the State of California occurs on a regularly scheduled sweeping day, the affected scheduled
streets shall be swept within two days from the regularly scheduled sweeping day without
interruption in the regular sweeping schedule. The Contractor shall perform make-up
sweeping for holidays at no additional cost to the City,
In the event the Contractor is prevented from completing the sweeping as provided in
the schedule because of reasons other than inclement weather, the Contractor shall be required
to complete the sweeping services so deferred prior to the next regularly scheduled date at no
additional cost to the City, or give the City credit for the work not so performed at the rate
specified in Section 1. 08, if agreed to by the City.
g. Interpretation of Specifications:
Should any discrepancy appear, or any misunderstandings arise as to the meaning or
interpretation of anything contained in these specifications, the matter shall be decided by the
City Manager or his designee and the interpretation of the City Manager shall be binding upon
the Contractor.
h. Verification of Work:
It shall be the responsibility of the Special Operations Manager to guarantee the
execution of the contract in accordance with its terms and specifications. To this end, he (she)
may appoint a designee who shall also be responsible for the inspection and monitoring of the
work performed under the Contract.
As required in this Agreement, the Contractor shall submit Route Lists for all
scheduled cleaning as soon as possible but no later than 30 days from the effective date of this
agreement. These schedules will be reviewed for accuracy and efficiency by the Manager and
their designated representative prior to their acceptance.
Prior to final award of the Contract, the successful Contractor shall meet with the
Special Operations Manager and their designated representative to review the Contract and
make any necessary changes to the Route Lists and/or Contractor's work plan.
Upon commencing work, all Route Lists shall be updated by the Contractor, and
thereafter shalll!feCOme the basis for:
A.
the Contractor's cleaning routes,
B.
the City's inspection of cleaning,
C.
the invoicing of cycles completed, and
D.
payment by the City for services rendered.
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Agreement for 11-00-6-00
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f--)j
i. Other Special Sweeping Services:
The City may from time to time require miscellaneous sweeping on a call-back basis,
such as for accidental spills, sweeping after special events or miscellaneous needs, The
Contractor shall bid a per hour rate for Miscellaneous Sweeping. The time charged for this
call-back work shall be as outlined in Class H and shall not include travel time to and from the
work site.
j. Accidents:
Any and all accidents, regardless of how minor, involving another person, private
property, or vehicle shall be reported immediately to the Chula Vista Police Department and a
Police report requested. The Special Operations Manager shall also be contacted immediately.
k. Date for Commencement of Contractor Services:
(X) Same as Effective Date of Agreement
( ) Other:
I. Dates or Time Limits for Delivery of Deliverables:
Not Applicable.
m. Date for completion of all Contractor services:
April 30, 2000 except that the City may at its sole discretion exercise up to two
one month extension of this agreement.
9. Insurance Requirements:
(x)
(x)
(x)
(x)
()
()
Statutory Worker's Compensation Insurance
Employer's Liability Insurance coverage: $1,000,000 per accident for bodily
injury or desease.
"
Commercial General Liability Insurance: $1,000,000. per occurrence for bodily
injury, personal injury and property damage. If Commercial General Liability
insurance or other form with a general aggregate limit is used, either separately
to this project/location or other general aggregate limit shall be twice the
required occurrence limit.
Automobile Liability: $1,000,000 per accident for bodily injury and property
damage.
Errors and Omissions insurance: None Required (included in Commercial
General Liability coverage).
Errors and Omissions Insurance:
mtm:Sweep Agreement-Cannon
11/7/00
$250,000 (not included in Commercial
Agreement for 11-00-6-00
Page 22
f.)).,
General Liability coverage).
10. Materials Required to be Supplied by City to Contractor:
List of streets and parking lots to be swept
11. Compensation:
Payment for sweeping shall be made by the contract unit price per curb mile or pass
mile or square footage actuallv cleaned on a monthly basis. However, the monthly fee of $26,
553.36, less the monthly landfill credit, will be the maximum fee regardless of mileage, later
to be determined by reconciliation of the initial street list by the City.
Any streets added to the initial list shall be added to subsequent monthly invoices at the rate
established in Attachment A.
Request for payment must be made individually as follows:
A.
B.
c.
D.
E.
F.
G.
H.
Streets swept twice per month
Streets swept once every week.
Streets swept twice per week.
Center islands and medians swept twice per month.
Center lines swept twice per month.
Non-curbed streets swept twice per month.
Parking lots swept at least once per month.
Other special sweeping requested by the City at the rate stipulated within the
bid.
Request for partial payment must be made in duplicate to the Special Operations
Manager and invlude the following:
A.
B.
Claim for payment in a format approved by City (Exhibit C-1).
Cover invoice showing linear miles swept or parking lot square footages swept
and an extension in dollars at the quoted cost, (See Exhibit C-2).
The original tachograph for each sweeper for each day showing speed, mileage,
travel times and broom-down sweeping times labeled to indicate the route or
routes swept and initialed by the Contractor's representative. In the case of
parking lots, the tachograph should be labeled by the equipment operator with
mtm:Sweep Agreement-Cannon Agreement for 11-00-6-00
11/7/00 Page 23
f~)3
C.
the lot being swept. Or access to complete online GPS reports identifying the
same.
E.
The Contractor shall provide a letter with this agreement to the Special
Operations Manager indicating the anticipated dates and times the parking lots
will be swept. The Contractor shall also provide with each monthly statement a
list of actual dates and approximate times each parking lot was swept.
Payment shall be made on the basis of blanket curb miles cleaned at the quoted rate
except that deductions shall be made for streets or areas not swept. Such deductions shall be
made on the basis of curb miles not swept at the linear curb mile cost or area not swept at the
quoted rate (parking lots). Deductions may also be made for streets or areas not properly
swept according to the standards indicated in Section 2-04 A, Section 2-12, 8-h and other
pertinent sections of this document.
Prices bid shall be firm for the term of the contract (11/1/00 - 6/30/01).
Payment for addition of any street or parking lot accepted by the City during the life of
this contract shall be made at the same rate or unit price as existing streets or parking lots
swept at the same frequency included in the appropriate bid item.
The City retains the right to reduce the frequency of sweeping, the mileage of
sweeping, or the square footage of parking lots to be swept with no adjustment in the unit price
compensation for the remaining work.
12. Contract Administrators:
City: Michael T. Meacham, Special Operations Manager, City Manager's Office,
Administration Building 276 4th Avenue, Chula Vista, CA 91910, (619) 691-5122
Contractor: Pat Cannon, Cannon Pacific Services, P.O. Box 230147, Encinitas, CA 92023
13. Liquidated Damages Rate:
( ) $- per day.
(x) Other:
"
Failure to cure unacceptable sweep within 48 hours of notification by the City; $22.32
per mile
. Failure to report and accident or complaint from the public prior to the end of the next
business day; $100.
.
Failure to make a good faith effort comply with any perfomance provision of this
agreement within 24 hours upon notification by the City; $50 per day.
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Page 24
(F,{'f
14. Statement of Economic Interests, Contractor Reporting Categories, per Conflict of Interest
Code:
(x) Not Applicable. Not an FPPC Filer.
15. Permitted Subconsultants: NONE
16. Bill Processing:
a. Contractor's Billing to be submitted for the following period of time:
(x) Monthly
( ) Quarterly
( ) Other:
b. Day of the Period for submission of Contractor's Billing:
( ) First of the Month
( ) 15th Day of each Month
(x) End of the Month
( ) Other:
c. City's Account Number: 16733-6401
17. Security for Performance
( ) Performance Bond, 100% of the amount of the contract price
( ) Letter of Credit, $
( ) Other Security:
Type: Amount: $
Retention. If this space is checked, then notwithstanding other provisions to the
contrary requiring the payment of compensation to the Contractor sooner, the
City shall be entitled to retain, at their option, either the following "Retention
Percentage" or "Retention Amount" until the City determines that the Retention
Release Event, listed below, has occurred:
"
( )
( ) Retention Percentage: _%
( ) Retention Amount: $
Retention Release Event:
( ) Completion of All Contractor Services
( ) Other:
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Agreement for 11-00-6-00
Page 25
Aqreement Attachment A
Street Classifications & Rates
Class of Sweeping Frequency of Rate
Sweeping
A, Residential Twice Per month $14.88 per curb mile
Streets
B. Business Streets Once per week $14.88 per curb mile
C, Business Streets Twice per week $14,88 per curb mile
D. Center Islands Twice per month $14.88 per curb mile
and Medians
E. Center Lines Twice per month $14.88 per pass mile
F. Non-Curbed Twice per month $14,88 per "curb"
Residential Streets mile
G. Parking Lots Once per month $1,200 per month @
$35 per hour
H. Special Sweeping As needed $65 pr/hr (sweep time
Requested by City only)
"
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Page 26
f~~
Exhibit B
EXTENSION TO AGREEMENT BETWEEN
CITY OF CHULA VISTA
AND
CANNON PACIFIC SERVICES
FOR STREET SWEEPING SERVICES
THIS AGREEMENT ("Agreement"), made and entered into this 10th day of July, 2001,
by and between the City of Chula Vista, California, a Municipal Corporation, hereinafter
designated as "City," and Cannon Pacific Services, a California Corporation, hereinafter referred
to as "Contractor".
WITNESSETH
WHEREAS, the City awarded an agreement to Cannon Pacific Services, on November
7"', 2000 for street sweeping within and on the streets of the City of Chula Vista; and,
WHEREAS, The Contractor has agreed to continue to meet the terms of the initial
agreement with modifications requested by the City including an increase in total mil es to be
swept, a monthly credit to the City for free disposal; and
WHEREAS, The Contractor has also provided a significant improvement in equipment,
and schedule that has resulted in significantly better service to residents and businesses; and
WHEREAS, Staff is requesting that Council authorize the extension of the current
agreement with the Contractor on a month -to-month basis for a maximum of six -months; and
WHEREAS, the agreement with the proposed Contractor will allow the City to
continuing street sweeping without interruption, to keep streets free of litter, reduce urban run-
off and its impact to the storm water management system and protect the public health and
safety; and
WHEREAS, the proposed Contractor warrants and represents that they are experienced
and staffed in a manner such that they are capable of continuing to deliver the services
required of the Contractor to City within the time frames herein provided all in accordance
with the terms ~p.d conditions of this Agreement; and
WHEREAS, the proposed Contractor has made certain representations on which the
City is relying in entering into this Agreement Extension, which representations are contained
in the original Agreement dated November 7,2000, and which documents incorporated herein
by reference as though specifically set forth herein as representations:
mtm:Sweep Agreement-Cannon
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Agreement for 11-00-6-00
Page 1
Ç-,<7
Z'77c ,(' I. .) (; 1 .
1.
Regarding Contractor's ability to perform such street sweeping services
as contained in "Bid #12-96/97 Street Sweeping Services for the City of
Chula Vista", available in the City Purchasing Office.
2.
Regarding the length of time in business, states in which the Contractor
is doing business, financial strength, credit standing, cities served, term
of contract with such other cities served, equipment provided, and
principal officers, all as set forth in the revised letter from the
Contractor dated October 13, 2000 as part of the bid, Attachment A.
NOW, THEREFORE, BE IT RESOLVED that the City and Contractor do hereby
mutually agree as follows:
This Agreement shall terminate when the Parties have complied with all executory provisions
hereof. Section 1.h of Attachment A of the Agreement shall be amended to read as follows:
a. Date for completion of all Contractor services:
April July 31,2001 except that the City may at its sole discretion exercise up to
five one month extension of this agreement.
"
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f -,j,p Page 2
IN WITNESS WHEREOF, City and Contractor have executed this Agreement thereby
indicating that they have read and understood same, and indicate their full and complete
consent to its terms:
/l 11
Dated: ('¡¡JÆ¡
I
17 , 2fYJ I
City of Chula Vista
v
Attest:
~IÍ ~~
Susan Bigelow, City Cl k
Approved as to form:
Dated:
7/20/ð /
,
Cannon Pacific Services, a California
Corporation
Dated:
"
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Agreement for 11-00-6-00
f ~~? Page 3
Exhibit C
SECOND AMENDMENT TO AGREEMENT BETWEEN
CITY OF CHULA VISTA
AND
CANNON PACIFIC SERVICES
FOR STREET SWEEPING SERVICES
THIS AGREEMENT ("Agreement"), made and entered into on
, by and between the City of Chula Vista, California, a Municipal
Corporation, hereinafter designated as "City," and Cannon Pacific Services, a California
Corporation, hereinafter referred to as "Contractor".
WITNESSETH
WHEREAS, the City awarded an agreement ("Agreement") to Cannon Pacific
Services, on November 7th, 2000 for street sweeping within and on the streets of the City of
Chula Vista; and
WHEREAS, the Contractor has agreed to continue to meet the terms of the Agreement
with modifications requested by the City including an increase in total miles to be swept, a
monthly credit to the City for free disposal; and
WHEREAS, through exercising a series of options and council approval of an Agreement
extension, Cannon has continued to provide street sweeping services; and
WHEREAS, this amendment will provide City with the option to extend the
Agreement, on a month to month basis, for up to an additional six (6) months; and
WHEREAS, the Amendment to the Agreement with the proposed Contractor will allow
the City to continuing street sweeping without interruption, to keep streets free of litter, reduce
urban run-off and its impact to the storm water management system and protect the public
health and safety; and
WHEREAS, the proposed Contractor warrants and represents that they are experienced
and staffed in a manner such that they are capable of continuing to deliver the services
required of the Contractor to City within the time frames herein provided all in accordance
with the terms and conditions of this Agreement; and
WHEREAS, the proposed Contractor has made certain representations on which the
City is relying in entering into this Agreement Extension, which representations are contained
in the original Agreement dated November 7,2000, and which documents incorporated herein
by reference as though specifically set forth herein as representations:
1.
Regarding Contractor's ability to perform such street sweeping services
as contained in "Bid #12-96/97 Street Sweeping Services for the City of
Chula Vista", available in the City Purchasing Office.
ý.jv
2.
Regarding the length of time in business, states in which the Contractor
is doing business, financial strength, credit standing, cities served, term
of contract with such other cities served, equipment provided, and
principal officers, all as set forth in the revised letter from the
Contractor dated October 13, 2000 as part of the bid, Attachment A.
NOW, THEREFORE, BE IT RESOLVED that the City and Contractor do hereby
mutually agree as follows:
1.
Section 8m of Exhibit A of the Agreement shall be amended to read as follows:
m.
Date for completion of all Contractor Services:
No later than June 30, 2002; provided that Contractor shall
provide services on a month to month basis for the period of January 1,
2002 through June 30, 2002.
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JlAttomeylEHu1l12D Amend Sweep Agreement-Cannon.doc
2
1"5/
Dee 06 01 11:42a
12106/01 TUli 12:24 FAX 619 409 S664
17601 602-0522
CIty MANAGERS OFFICE
p. 1
tal 004
SECOND AMENDMENT TO AGREEMENT BETWEEN
CITY OF CHULA VISTA
AND
CANNON PACIFIC SERVICES
FOR STREE1' SWEEPING SERVICES
IN WITNESS WHEREOF, City and Contractor have executed tbis Agreement thereby
indicating that they have read and understood same, and iDdieate their full and completc
consent to its terms:
Dated:
,2001
CITY OF CHULA VISTA
By:
Shirley Horton, Mayor
Attest:
Susan Bigelow, City Clerk
Approved as to fonn:
John M. Kaheny, City AUotlley
Dated:
By:
~
Dated:
\2.\ fa \ O~
rlAnomeylEHulJl2D Amend Sweep Ag=mont.C.,non.doe
3
P- 32,
RESOLUTION NO. 2001-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE SECOND AMENDMENT TO
THE AGREEMENT FOR CITYWIDE STREET SWEEPING
SERVICES WITH CANNON PACIFIC SERVICES EXTENDING
THE AGREEMENT ON A MONTH-TO-MONTH BASIS FOR
NOT MORE THAN THE PERIOD OF JANUARY 1, 2002 TO
JUNE 30, 2002 AND AUTHORIZING THE MAYOR TO
EXECUTE SAID AMENDMENT
WHEREAS, on November 7, 2000, the City Council authorized the award of a street
sweeping agreement ("Agreement") with Cannon Pacific Services ("Cannon"); and
WHEREAS, Cannon had been the second lowest respondent to an RFP process in
1997 and agreed to meet the terms ofthe initial Agreement with modifications including an increase
in total miles to be swept, a monthly credit to the City for free disposal and a consumer price index
adjustment; and
WHEREAS, Cannon has also offered a significant improvement in equipment and
schedule that staff believes has resulted in significantly better service to residents and businesses;
and
WHEREAS, through exercising a series of options, and Council approval of an
agreement extension, Cannon has continued to provide street sweeping services to the City; and
WHEREAS, staff is requesting that Council approve the Second Amendment to the
Agreement with Cannon Pacific extending it on a month-to-month basis for a maximum of six
months; and
WHEREAS, the additional time will provide staff the time needed to complete the
new bid process, review the proposal for City Public Works staff to perform the duties, and provide
time for the new provider to purchase the necessary equipment.
NOW, THEREFORE, BE IT RESOLVED that the City Council ofthe City ofChula
Vista does hereby approve the Second Amendment to the Agreement for Citywide Street Sweeping
Services with Cannon Pacific Services on a month-to-month basis for not more than the period
January I, 2002 to June 30, 2002.
BE IT FURTHER RESOLVED that the Mayor of the City ofChula Vista is hereby
authorized to execute said Amendment for and on behalf of the City ofChula Vista.
Presented by
Approved as to form by
Michael Meacham
Special Operations Manager
~+bW-
tty Attorney
J:lAnomeylRESOlStreet Sweeping.doc
?~33
COUNCIL AGENDA STATEMENT
Item L
Meeting Date 12/11/01
ITEM TITLE:
Resolution Accepting the petition for the formation of a special
assessment district for a portion of the 300 block of D Street to construct
sidewalk improvements for 305, 311, 317 and 321 D Street
Resolution Approving the boundary map showing the proposed
boundaries for Assessment District No. 2001-3 (D Street) of properties
located along the 300 block of D Street to be assessed for sidewalk
improvements
Resolution Declaring the intent to form Assessment District No.
2001-3 (D Street), approving the preliminary Assessment Engineer's Report,
ordering the installation of improvements, setting the time and place for
public hearings and ordering the initiation of ballot procedures
SUBMITTED BY: Director of Public Works¡!' ,(
C. M G¡¿
REVIEWED BY: tty anager ç.;¡Y (4/Sths Vote: Yes - NoX)
Four property owners along the north side of the 300 block of D Street have missing sidewalk
improvements. All four property owners have signed a petition requesting that special assessment
district proceedings be commenced for the purpose of financing the construction of these
improvements. Staff has completed preliminary design and cost estimates for this project.
RECOMMENDATION: That Council adopt the above resolutions to:
I. Accept the petition from D Street property owners for the formation of a special assessment
district;
2. Approve the District Boundary Map
3. Approve the preliminary Engineer's Report;
4. Order the construction ofimprovements;
5. Set the time and place of a public hearing for February 5,2002 to be conducted pursuant to
the provisions of Chapter 27 of the Improvement Act of 1911 (the "Block Act") and Article
XIIID of the Constitution of the State of California ("Article XIIID"); and
6. Order the initiation of ballot proceedings in accordance with Article XIIID
BOARDS/COMMISSIONS RECOMMENDATION:
Not applicable.
1-(
Page 2, Item q
Meeting Date 12/11/01
DISCUSSION:
The City originally received a letter dated October 24, 1999 requesting the installation of sidewalks
along D Street signed by the four property owners on05, 311, 317, 321 D Street. These are the only
four properties along the north side ofD Street between Third and Fourth Avenue which do not have
sidewalks; however, most properties on the south side of D Street do not have sidewalks. Staff
included a project in the Fiscal Year 2000-01 Capital Improvement Program for construction of
street and sidewalk improvements and pavement rehabilitation for properties on both sides ofD
Street (Attachment A) based on an anticipated assessment district. It is generally preferable to
include both sides ofthe street in a construction project because of cost savings based on volume of
work and because rehabilitation of the entire street can be included. The total project cost was
estimated at $272,000, with $54,000 in design and planning authorized for Fiscal Year 2000-01.
City staff subsequently held several meeting with residents and property owners. Based on these
meetings, it was determined that, although property owners along the north side of the street strongly
supported the project, property owners along the south side had mixed feelings. Most ofthe houses
on the south side are at a higher elevation than the street, and construction of a sidewalk could
require either an expensive retaining wall or regrading of front lawns. Therefore, the four property
owners on the north side signed and delivered a petition to the City in September 2001 requesting
formation of an assessment district for the construction of sidewalks along the D Street side of their
properties (Attachment B). This petition was signed by 100% of the property owners who would
receive the new sidewalks. This complies with Section 2804 ofthe California Streets and Highways
Code, which requires that the petition be signed by owners of at least 60 percent of the areal front
footage of properties to receive improvements and be assessed.
Improvements and Costs
This project consists of sidewalk installation along D Street for all addresses and new driveway
aprons for 305, 311 and 317 D Street. The improvements extend from 30 feet west of the eastern
property line of 321 D Street to the curb return on Third Avenue. The total construction cost has
been estimated to be $23,233.00. It should be noted that, due to existing terrain conditions and lack
of sidewalk along other properties fronting Third Avenue north ofD Street, sidewalk along the west
side of third Avenue at the comer lot is not included in the project.
Detailed ofthe cost breakdown and design considerations are included in the Preliminary Engineer's
Report (Attachment C) A reduced copy of the proposed boundary map is also included in the report.
The recommended construction cost breakdown is summarized as follows:
Address Parcel No. Amount
305 D Street 566-030-30 $6961.00
311 D Street 566-030-54 $5850.00
317 D Street 566-030-25 $5969.00
321 D Street 566-030-23 $ 979.00
City's Share $3474.00
TOTAL $23,233,00
r-~
Page 3, Item 9
Meeting Date 12/11/01
The above amounts include the costs associated with constructing sidewalk and driveway aprons for
the above addresses, as well as miscellaneous set up and cleanup costs. Since a survey has not yet
been performed, the measurements were based on assessor's information and aerial photographs. A
contingency factor of 20 percent has been used to account for any unforeseen circumstances.
The City's Policy No. 505-01, Participation in 1911 Block Act Proceedings (Attachment D), requires
that the City provide all engineering, inspection and administrative services, as well as paying for all
relocation and reconstruction ofthe existing roadway, if required. It is not anticipated that there will
be significant relocation or reconstruction expenses on this project. There is also a provision for
corner lots whereby the City to pay the cost of constructing improvements along half the frontage of
the longer side of the lot. However, this only applies to the situation where improvements are
constructed along both sides of the property. As noted above, sidewalk will not be constructed on
Third A venue beyond the curb return due to terrain constraints and lack of sidewalks to the north.
For this particular project, the sidewalk on the east side of305 D Street will end at the curb return on
Third Avenue. Staff recommends that the City pay for the portion of improvements from the curb
return on D Street to the curb return on D Street, which includes the sidewalk ramp. The ramp area
benefits all property owners along D Street, including the properties which already have sidewalks,
and should not be considered a specific benefit of the property owner at 305 D Street.
Future Actions
The proceedings to form Assessment District No. 2001-3 (D Street) are being undertaken pursuant to
the provisions ofthe Block Act and Article XIIID and the Omnibus Proposition 218 Implementation
Act (Government Code Section 53750 and following) (the "Prop 218 Implementation Act"). The
notice, hearing and protest requirements of the Block Act, enacted long before the passage of
Proposition 218 that added Article XIIID to the California Constitution and the enactment of the
Prop 218 Implementation Act, differ in certain significant respects from the notice, protest and
hearing procedures mandated by Article XIIID. However, the Prop 218 Implementation Act, enacted
to facilitate the implementation of Article XIIID, provides that the notice, hearing and protest
procedures imposed by the Prop 218 Implementation Act supercede any statutory provisions of the
Block Act applicable to the levy of assessments pursuant to the Block Act, whether or not the
provisions of the Block Act conflict with the provisions of the Prop 218 Implementation Act.
Additionally, the Prop 218 Implementation Act provides that if the City complies with the notice,
protest and hearing requirements of the Prop 218 Implementation Act the City shall not be required
to comply with the statutory notice, protest and hearing requirements that would otherwise be
applicable to the levy of assessments pursuant to the Block Act. Consequently, the procedures
proposed to be implemented to consider the levy of assessments within Assessment District No.
2001-3 (D Street) are the notice, protest and hearing procedures mandated by the Prop 218
Implementation Act.
7-3
Page 4, Item 9
Meeting Date 12/11/01
Council is requested to adopt the above resolutions to, among other actions, order the construction of
the improvements, set the time and place for a public hearing regarding the construction of the
improvements and the levy of assessments to finance such construction, and order the initiation of
assessment ballot proceedings in accordance with Article XIIID in conjunction with such public
hearing. If the resolution is adopted, staff will mail notices of the public hearing, together with
assessment ballots, to all property owners at least 45 days in advance of the public hearing, which
will be held on February 5, 2002. By completing and returning their assessment ballots, the property
owners will have the right to specify their support for or opposition to the levy ofthe assessments to
finance the construction of the improvements. The property owners have the option to revise their
assessment ballots until the end of the public hearing. These assessment ballots will include the
maximum principal amount that each property owner is required to pay. If the majority of property
owners approve the levy of assessments to finance the construction of the improvements, the City
Council may then order the construction work to be done and staff will complete design. It is
anticipated that construction of this project would take place during the first half of Fiscal Year
2002-03.
Following completion of the construction of the improvements, the City Council will be asked to
confirm the final assessments. So long as the final assessments are equal to or less than the
assessments approved by the property owners pursuant to the assessment ballot procedure, no further
public hearing will be necessary. If, however, the final assessments exceed the assessments approved
by the property owners, it would be necessary for the City to conduct a further public hearing and
assessment ballot proceeding in order to authorize the levy of the assessments in such higher
amounts. Following confirmation of the final assessments, the property owners will have the option
of paying any portion of the assessments during the 30-day payoff period following acceptance of
improvements and confirmation of assessments. If assessments are not fully paid during that time,
the City customarily collects the unpaid balance on the tax roll over a period often years, together
with interest on the unpaid principal at the rate of 7 percent per year. Low income residents are
offered two additional deferral options as shown on Attachment E. Property owners may pay tbe
balance of their assessments at any time during the ten-year repayment period without penalty.
FISCAL IMPACT: A total of$54,000 was appropriated during Fiscal Year 2000-01 for planning
and design work from the Gas Tax. Additionally, the Capital Improvement Program approved for
Fiscal Years 2001-02 and 2002-03 appropriated an additional $218,000 for Fiscal Year 2002-03 to
cover construction costs, anticipating that all missing sidewalk would be constructed on both sides of
the street between Third and Fourth Avenues. These budgets were based on the construction of a
larger project that would include construction of missing sidewalk improvements on both sides ofD
Street between Third and Fourth Avenues. Due to the reduced scope of the project, tota]
construction costs are assumed to be only $20,474. The amount of$17,51 0 is expected to be repaid
to the City by property owners over a ten-year period at 7 percent interest.
1-
Page 5, Item 9
Meeting Date 12/11/01
Attachments:
A. Project STL 270 in Capital Improvement Program for FY 2000-01 and FY 2001-02/ 2002-03
B. Petition Signed by D Street Property Owners
C. Preliminary Engineer's Report
D. City Policy No. 505-01
E. Assessment District Payment Alternatives
J ,IENGINEERIAGENDAIDSTREET-RES OF INTENTEMc.DOC ,FILE 0340-05-ADOOI
7-~
-
-
CIPNO:
-
-
-
-
-
CITY OF CHULA VISTA
CAPITAL IMPROVEMENTS PROGRAM DETAIL
STL270
INITIALLY SCHEDULED:
7/1/00
- - -------
Public Works/Engineering
-------------- -----
.- ----
TITLE:
D Street Sidewalk Improvements
DEPARTMENT:
PROJECT MANAGER:
Elizabeth Chopp
------ -----
-
- COMMuNITY PLAN Ä-REA:-- Central Chula Vista
COST ESTIMATES:
1. Planning I Env. Review
2. Land Acquisition
3. Design
4. Construction
TOTALS:
FINANCING SOURCES:
Gas Tax
Gas Tax Loan
TOTALS:
~ DESCRIPTION:
I
~
JUSTIFICATION:
SCHEDULING:
PROJECT
TOTAL
TOTAL
APPROPRIATIONS
CURRENT YEAR
$0
$0
$0
$0
FY 2000.01
FY 2001.02
FY 2002.03
FY 2003.04
FY 2004.05
$0
$0
This project involves the installation of sidewalk improvements and pavement rehabilitation on 'D' Street,
between Fourth and Third A venues. The City's share is $206,000 and the residents share is estimated to be
$66.000.
Petitions have been received by the Public Works Dep!. from residents requesting that a 1911 Block Act
project be formed in order to construct the needed public improvements.
BUDGET EFFECT: Minimal.
Design is scheduled for FY 00101 and construction in FY 01/02.
83
-
-
CIPNO:
TITLE:
-
-
-
-
-
-
CITY OF CHULA VISTA
CAPITAL IMPROVEMENTS PROGRAM DETAIL
STL270
NEWCIP NO:
24112700
INITIALLY SCHEDULED:
DEPARTMENT:
D Street Improvements, Fourth to Third Avenues
COMMUNITY PLAN AREA:
Centrat Chula Vista
PROJECT MANAGER:
COST ESTIMATES:
1. Planning/ Env. Review
2. Land Acquisition
3. Design
4. Construction
TOTALS
¡
I
j
I
I ~ DESCRIPTION:
I
FINANCING SOURCES:
GãSTãX
~------
RCT
TOTALS:
JUSTIFICATION:
SCHEDULING:
STATUS:
PROJECT
TOTAL
FY 2002,03
This project involves the installation of sidewalk improvements ODd pavement rehabilitation on '0' Street,
between Fourth and Third Avenues. The City's share is $206,000 ODd the residents share is estimated to be
$66,000.
Petitions have been received by the Public Works Dept. tram residents requesting that a 1911 Block Act project
be fanned in order to construct the needed public improvements.
Design is scheduled for FY 00/01 ODd FY01/02 ODd construction in FY 02103.
Construction is dependent on property owne~s willingnes to pay a portion of the cost. Meeting held with
property owners, balloting is in process.
BUDGET EFFECT: Minimal.
83
7/1100
Public WorkslEngineering
Elizabeth Chopp/Jim Holmes
FY 2003, 04
FY 2004,05
FY 2005, 06
/!7T/4(!/lH~ JJ
Honorable Mayor and Members of the City Council
City ofChula Vista
276 Fourth Avenue
Chula Vista, CA 91910
Re:
Petition Requesting the Initiation of Proceedings to Consider the Formation of an
Assessment District to Finance the Costs of Construction of Sidewalk Improvements
for Properties Along D Street West of Third Avenue
Mayor and Membe~s of the City Council:
We are the owners (the "Owners") of the properties located in the City of Chula Vista
(the "City") which are identified adjacent to our signatures below and are also shown on the map
attached to this Petition as Attachment A hereto.
The Owners respectfully petition the City Council of the City (the "City Council") to
initiate proceedings pursuant to {the Improvement Act of 1911 (Streets and Highways Code
Section 5000 and following) to consider the formation of an assessment district for the purpose
of financing the costs of construction of sidewalk improvements along D Street (the
"Improvements"). The Improvements and the properties proposed to be included within the
boundaries of assessment district are also shown on Attachment A.
We understand that if an assessment district is formed as we have petitioned the
following costs will be assessed against those properties that will receive special benefit from the
Improvements:
1.
2.
The costs to construct the Improvements; and
The costs of the acquisition of additional right-of-way, if any, necessary for the
location of the Improvements; and
Financing costs related to payment of the above costs over time.
3.
We further understand that if the City Council elects to initiate the proceedings to
consider the formation of an assessment district as we have petitioned:
1. The record owners of the properties proposed to be assessed will receive notice of
a public hearing to be held by the City Council. At such public hearing any interested person
may present written or oral testimony and the City Council will consider all objections or
protests to the proposed assessment.
2. The record owners of the properties proposed to be assessed will also receive an
assessment ballot by which such record owners may express their support for or opposition to the
proposed assessment.
3. All assessment ballots received by the City prior to the conclusion of the public
hearing will be tabulated following the conclusion of such public hearing. The City Council shall
have the authority to form the assessment district and levy the proposed assessments only if the
ý-F
assessment ballots submitted in favor of the levy of the proposed assessments exceed the
assessment ballots submitted in opposition to such levy. In tabulating the assessment ballots, the
assessment ballot for each parcel is weighted by the amount of the assessment proposed to be
levied on such parcel.
In submitting this petition we are not waiving our right: (a) to testify orally or in writing
at the public hearing described above, (b) to object to or protest the levy ofthe assessments if we
do not agree with the amount of the assessment proposed to be levied on our property or (c) to
submit an assessment ballot in opposition to the levy of the proposed assessment on our property
if we do not agree ,:"ith the amount of such proposed assessment.
This petition is respectfully submitted by:
~obe('t C. d.Vèd
po,ti Ie.. G ç::'(l\?tr
'75- ;19- 01
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Le"\k\Cl S)~-5()..d-:J
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Street Address
Q!
Assessor's Parcel
No.
3 L J .D Sf
3/7 Þ -s-r
, 31 \
D S"\-.
tit> 'S 'D 'Dr
Attachment A
Proposed D Street
Assessment District
,
0
.0 S\tee\
DATE:
8/1/01
LEGEND; Proposed Sidewalk
ILLLLL/ / /I Improvements
Parcels To Be Included
In Assessment Oistriet
Q
TITLE;
PREPARED BY: A. P.
Not to Scale
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CITY'"
CHUIA VJSY.
PRELIMINARY
ENGINEER'S REPORT
D STREET SIDEWALK IMPROVEMENTS
1911 ACT
ASSESSMENT DISTRICT
AD 200 1 -3
NoVEMBER 20, 2001
Backl!round
0 Street between Third and Fourth Avenues in Chula Vista is a residential street with an
SO-foot width of right-of-way. Existing improvements include pavement and curb in
front of all properties; however, several properties do not have sidewalks. On the north
side of D Street, the only properties which do not have sidewalk improvements are a
portion of321 D Street, as well as 317, 311 and 305 D Street. In September 2001 these
four property owners submitted a petition to the City requesting the initiation of
proceedings to form an assessment district in accordance with the Improvement Act of
1911. This district would finance the construction of the missing sidewalk improvements
on the north side ofD Street.
The City currently has a policy regarding participation in 1911 Block Act proceedings.
According to this policy, the City will provide all engineering, inspection and
administrative services at no cost to the property owners. Additionally, it is the City's
responsibility to relocate all existing public improvements which would be in conflict
with the new improvements, including utilities. Since these costs would not be assessed
to the property owners, they are not estimated in this report.
Overall Desil!n and Cost Estimate
The project area and general location of improvements are shown on Exhibit A, the
Proposed Boundary Map for Assessment District 2001-3, D Street. The properties which
will benefit from these improvements and would be a part of the district are as follows:
Address
321 D Street
317 D Street
311 D Street
305 D Street
Parcel Number
566-030-23-00
566-030-25-00
566-030-54-00
566-030-30-00
The improvements include construction of a S-foot wide sidewalk ITom the existing
sidewalk ending in front of 521 D Street to the curb return on Third Avenue north ofD
Street. Where driveways are located, a driveway apron will be constructed to provide a
transition between the street and the driveways. At the corner, a new sidewalk ramp will
be constructed.
The cost estimate is provided on Table I. This is a preliminary estimate, since a survey
has not yet been performed and it is possible that some quantities may change. In order
to take such changes into account, a 20 percent contingency has been included.
Method of Apportionment
Costs must be apportioned to each property in proportion to the benefit received by that
property. In apportioning the cost of street improvements, it can generally be assmned
that the property adjacent to the improvements will receive the direct benefit. The
2
0
ý-/~
adjacent properties would be most likely to use the improvements, particularly with
respect to the driveway aprons. Additionally, construction of street and sidewalk
improvements generally results in increased property values for the adjoining residences.
Comer improvements are a different issue. The inclusion of a sidewalk ramp at the
comer would not only benefit the comer property but any residents in the area who use
the sidewalk. Since the assessment district only covers four properties - not the entire
block - it is not recommended that the cost be spread among the properties in this district.
Because they will benefit both properties within and outside the district, the
improvements at the northwest comer of D Street and Third Avenue were included as
part of the City's share of costs.
The breakdown of construction costs among the four properties and the City is shown on
Table 2. For each property, the square footage of sidewalk and driveway apron was
individually calculated. The City's portion was determined to be from the curb return on
D Street adjacent to Parcel No. 566-030-30-00 to the curb return on Third Avenue. The
remaining portion of improvements adjacent to the D Street side of the property at 305 D
Street would be assessed to the property owner. For all other properties, the assessment
was based on the cost of all new improvements located along the D Street frontage.
The cost items for asphalt, preservation of property and clearing! grubbing! grading were
combined into the "Miscellaneous" category on Table 2, since these are general costs that
pertain to the project as a whole. These costs were prorated to each property owner and
the City in proportion to the total of the other construction costs (sidewalks, driveways,
ramp and curb). The 20 percent contingency factor was then added onto the total of all
construction costs.
The cost breakdown in this Engineer's Report will be reviewed after the project has been
constructed. At that time, all quantities and costs will be known.
3
0
9-/3
PROPOSED BOUNDARIES
ASSESSMENT DISTRICT 2001-3
1911 ACT IMPROVEMENT DISTRICT
CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA
-\
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/////\//
I HEREBY CERTIFY THAT THE WITHIN MAP SHOWING
PROPOSED BOUNDARIES OF THE ASSESSMENT DISTRICT,
CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, WAS APPROVED BY THE CITY COUNCIL OF
THE CITY AT A REGULAR MEETING THEREOF, HELD ON
THE DAY OF ,20_, BY
RESOLUTION NO.
LEGEND
\ ~- /-)
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,\
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.------I
PROPOSED ASSESSMENT
DISTRICT BOUNDARY
V////1
AREA OF IMPROVEMENT
CITY CLERK, CITY OF CHULA VISTA
FILED IN THE OFFICE OF THE CITY CLERK OF THE CITY OF
CHULA VISTA THIS DAY OF ,20_.
CITY CLERK, CITY OF CHULA VISTA
FILED THIS DAY OF .20,
IN BOOK AT PAGE OF MAP OF ASSESSMENT
DISTRICTS IN THE OFFICE OF THE COUNTY RECORDER
OF THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA. REFERENCE IS HEREBY MADE TO THE COUNTY
OF SAN DIEGO, STATE OF CALIFORNIA ASSESSOR
PARCEL MAPS FOR DETAILED DIMENSIONS OF
9~/,-/ INDIVIDUAL PARCELS.
COUNTY RECORDER, COUNTY c9 SAN DIEGO
TABLE 1
PUBLIC WORKS DEPARTMENT \ ENGINEERING DIVISION
PRELIMINARY COST ESTIMATE
PROJECT NUMBER:
DATE:
PREPARED BY:
CHECKED BY:
PROJECT TITLE: D STREET, 3RD TO 4TH ASSESSMENT DIST
No.
Description
I, Asphalt
*~~~;::;~:
4'SidewalkRamp
5 PCC Curb 6"
6 Preservation of Property
7. Clearing/Grubbing/Grading
9
13
14
15
16
17
18
19 SUB TOTAL
;0 12;;'-~onti~genCieS
21
22 GRAND TOTAL
Notes:
11/28/2001
STL270revestxls
Quantity
Unit
9-/5
..~~- .-.-.------.-----..-.--,....-,--.--.----
Unit
Price
$65.00
$5.00
$7.00
$800.00
$20.00
$2,500JJO
$1,s.Q000_..
STL -270
-- ,-- ---
11/27 /2001
JRH
JRH
A
$650.00
, __.!5..540,00.
E,Z'>.I.OO
$800.00
-----
TABLE 2
COST BREAKDOWN
FOR D STREET PROPERTIES
321 D STREET
Sidewalk 124 SF @ $5.00/SF $ 620.00
Miscellaneous Prorated $ 196.00
Contingencies 20 percent $ 163.00
$ 979.00
317 D STREET
Sidewalk 200 SF @ $5.00/SF $1000.00
Driveway 397 SF @ $7.00/SF $2779.00
Miscellaneous Prorated $1195.00
Contingencies 20 percent $ 995.00
$ 5969.00
311 D STREET
Sidewalk 290 SF @ $5.00/SF $1450.00
Driveway 322 SF @ $7.00/SF $2254.00
Miscellaneous Prorated $1171.00
Contingencies 20 percent $ 975.00
$5850.00
305 D STREET
Sidewalk 330 SF @ $5.00 $1650.00
Driveway 394 SF @ $7.00 $2758.00
Miscellaneous Prorated $1393.00
Contingencies 20 percent $1160.00
$6961.00
CITY'S SHARE
Sidewalk 164 SF @ $5.00 $ 820.00
PCC Curb 29 LF @ $20.00 $ 580.00
Sidewalk Ramp $800.00 EA. $ 800.00
Miscellaneous Prorated $ 695.00
Contingencies 20 percent $ 579.00
$3474.00
J:IENGINEERIASMTDlSTlD STREETITABLE 2aDOC
ý-/fP
/Jllad /W ~l~ D
ADOYfED BY:
Resolution No. 11373
COUNCIL POLlCY
CITY OF CHUlA VISTA
POLICY \ EFFECTNE
NUMBER DATE
505-01 I 08-30-83
1 DATED: 08-30-83
PAGE
1 OF 6
SUBJECT: PA,qllCIPAï]O~ BY ïHE CIIT Or CHUL"
\1SïA IN 1911 BLOCK ACï PROGR.Þ"M
PROCEEDINGS
BACKGROUND
,here are propemes wilhin the City limits thaI do not have full srreer improvemems. In the pasr, Council has
directed the ov.ne" of crirical unimproved parcels to install their missing public improvemenrs. The 1911
Block Acr Proceedings were urilized in mosr insrances. As an encouragemem for property owner paniciparion,
r.'>e City has comribured funds for the complerion of certain irems of work (i.e., grading, pavemem
¡"slallation, etc.). ilJso, the CiTY consisrently has contribuTed engineering inspection and administTative
services at no charge to The property owner(s). However, there is no Council adopted policy regarding City
participarion ie. 1911 Block Acr improvement consTruction proceedings.
This policy is designed ro encoueage rhe insrallarioD of missing improvements along deve]oved residenriallors.
Ir specifically sees City panicjparion goals for The improvemem of comer, non-comer, and double fromage
residential 10IS. The policy re2ÍÍi:ms City Council imem ro require the i.'1srallarion of public improvemems
adjacem to unde\'eloved property (residential, commercial, and indusITial) through the fonnarion of 1911 Act
.^.ssessmem Dis::iCIs or Ù1rough The subdivision and building permiT approval procedures.
Tnis policy shall o:1ly apply to areas incorporaIed on or befo,-e rhis policy's effecTive dare.
PURPOSE
ïo establish a policy for paniciparion by the City in Ihe consrrucrion of public improvemenTs .via ù'1e 1911
Block Acr Proceedings (Chapter 27, SIreer and i-iighways Code of The Scare of California).
I PO LJCY
The City Co,-,"'1cii esIablishes Ihe following policy for City participation in 1911 Block ACT Program
proceedings:
1.
Genera] ParticiDarion
a.
The City, at no cost ro The property' owner(s) shall provide all engineering, inspection and
aèJ::i.,isITarive se!"vices necessary IO i"stal! missing improvements via the 1911 Block Act Program
proceeèings.
b. lr shajj be The City's eesponsibilicy ro !"elocate all existing public improvements found to be in
conSict with the peoposed SITeer improvemenT cons=crion. Such improvemenTs shall include, bur
not be limiled to: street lights, traffic signal standards, drainage strucrures, fire hydranrs, etc.
c.
Eng'illeering staff shall IDeer individua1!y wiLÌ1 each property owner prior to LÌ1e program's public
he,,"-L'1g :0 hand deliver i"irial correspOTIèence and !o explain the pl,,",s, proceedi.'1gs and this policy,
Final engineering plans and project specifications shaU reflect as close as practicab1e, the property
owner(s) concerns provided They reflect standard engi"eering practice.
'-----~ - '-_w_--..-.-
'--"""-"".--'.'--'-.--.--."---
9-/7
COUNCil... POLICY
CITY OF CHULA VISTA
SUBJECT: PARTJCIPATIO:-\ BY THE CITY OF CHULA.
\1STA IN 1911 BLOCK ACT PRGRAM
PROCEEDINGS
POLICY
NUMBER
EFFECTIVE
DATE
PAGE
2 OF 6
ADOPTED BY:
Resolution No. ] 1373
505-01 08-30-83
I DATED: 08-30,83
d.
Prior [Q the end of each fiscal year, the Ciry Engineer shall submit to the City Council for approval
u"der this progy""', a recommended list of projects for scheduling in the ensuing fiscal year.
Funding for the progyam shall be determined annually and shovm in the Capital Improvement
Program.
e.
City parridparion in this progyam shall be limited to developed parcels that cannot be split into lots
or building sites.
2
DeveloDed Residenri,,¡ LOIS
a.
!\o;¡,Comer LOIS
It shall be the Ci')'s responsibility to overlay or reCO:1stn.lcr the roadway rravelway adjacent to
non,comer lots when the ITavelway is already improved and needs an overlay or reconstruction to
acco::Jmodate drai::age or ITairlc safety requireme;¡IS.
The City's responsibniry described above is shown on Figure 1 (arrached).
b.
Comer LOIS
For ú':1e purposes of L"is policy, the comer lor front lot line shall be defined to be the sharrer of the
tWo adjacent s:Yeet Jot lines. in this case of" "on,recrangular comer lor, the front lor line shall be
L"e ""erage wid"" of the lor. (See Fig-Jre 2).
It shclJ be the Ci')'s responsibi]iry to:
(1) Ì;¡sra]] curb, g-c,er, sidewalk and pavemem (if "on,existent) adjacent to ]/2 the comer lor's side
s::reer !rontage.
(2) Overlay or reco,,-sITUcr the side and frontage s:reer's ITavelway when needed ro accommodare
crainage or ;:rafflc safety requirements.
(3) b the evem ""ar there are improvemems already exisring along the corner lor's side property
f:-ontage already existing, these improvements sha]] be credited to the City if rhey need not be
removed ro acco::Jmodare ,,\-¡e improvements to be insra]]ed.
The City's respo!'.5ibiJiry described above is depicted on Figure 3 (arrached).
3.
Dual Fronta£e Lots
]t shall be the City's responsibility to:
ý-/f
ADOPTED BY:
COUNCIL POLlCY II'
CITY OF CHULA V1STA
PARTICIPATION BY TriE ClIT Or CHU!../\ POLICY l EFFECITVE I
\1STA IN 1911 BLOCK ACT PR.OGR.A.,/,\ NUMBER DATE PAGE'
PROCEEDINGS I I
505-01 08-30-83 3 OF 6
I DATED: 08-30-83
Resolution No. 11373
SUBJECT:
a.
lnstall curb, guner, sidewalk, and pa\'er;1ent (if noro-existent) adjacent IO me entire lor's rear s!Teet
frorotage.
b.
Overlay or reconstrucr the lor's rear sneer navelway whero needed IO accommodate drainage or
traffic safery purposes.
For purposes of this policy, dual frontage lots shaJl be a lot having frontage on TWO paraJlel or
approrimately paraJlel S[Teets, one of which is an "alley".
4,
DeveioDed lndusrrial/Commercial Lots
The Ci,,' connibution IOwards the construction
industrial/commercial lots shaJl be limited 10:
of improvemer¡:s
adjacent
to
developed
a.
The overJay or reconstmcrion of existir,g roadway :cavelway areas wheD found to be required for
drainage or traffic safety purposes.
s.
Undeveloped Residential. Indusnial and Commercial Lors
This policy shall reaffinn me Ciry Council's intent to ,eq,¡j,e the instaJla:io" of missing L'TIprovements
adjacenr to undeveloped lots (boL\¡ comer and non,comer with and wiù'1our double street frontages)
throug:o:
a.
1911 ."ct Assessment Dis::icr pr-ocedc:res,
b.
subdi\~sion requiremems, and
c.
buiJài.TJg pennit approval requiremems.
There sh2..l1be no Ciry contribution towards the construction of improvemems adjacent to undeveloped
residenTIal, industrial and commercial Jots. In the event that an owner petitions the CiTy for inclusion of
his/her undeveloped parcel in a 1911 Block Act Program, aJl expenses shaH be borne by said owner.
6.
ADDlicabi'irv
This policy shaH be applicablf to areas within the Chula Vista Ciry Jimits on or before its effecTIve date,
'. ---"'_....
7-/9
COUNCIL POLICY
CITY OF CHULA VISTA
SUBJECf: PARTIOPATION BY THE CITY OF CHULO\
VISTA IN 1911 BLOCK ACT PROGRAv,
PROCEEDINGS
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DATED: 08-30-83
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COUNCIL POLICY
CITY OF CHULA V1STA
SUBJECf: P,\¡,TICIPATION BY THE CITY OF Ci-JUL-\
VlSTA IN 1911 BLOCK Au PROGRA,tv1
PROCEED1NGS
POLICY EFFECTIVE
NUMBER DATE PAGE
.505-01 08-30-83 5 OF 6
DATED: 08-30-83
I ADOPTED BY: Resolution No. 11373
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COUNCil.. POLICY
CITY OF CHUU. VISTA
SUBJECT: PARTICIPATION BY TH£ CITY OF CHUL-\
VISTA IN 1911 BLOCK ACT PROGRAJv1
PROCEEDINGS
ADOPTED BY:
Resolution No. ] 1373
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Attachment E
DESCRIPTION OF ASSESSMENT DISTRICT PAYMENT ALTERNATIVES
ALTERNATIVE 1: Semi-annual payments (principal plus interest at 7 percent per year) over a period of 10 years. This is the
payment schedule generally adopted by Council for 1911 Act Assessment Districts and is available to all
property owners. No agreement is required.
ALTERNATIVE 2:
Semi-annual payments (interest only at 7 percent per year) over a period of 10 years. Principal (Total
Assessment) is paid at the end of the lO-year period or whenever the property is transferred, whichever occurs
first. Owners must meet Federal HUD very low income limits in order to qualify and enter into a deferral
agreement with the City.
ALTERNATIVE 3: One payment (principal and accumulated interest at 7 percent per year) is due at the end of the 10-year period or
whenever the property is transferred, whichever occurs first. Owners must meet Federal very low income limits
in order to qualify and enter into a deferral agreement with the City.
J:\ENGINEERIASMmrS1\D STREE1ìP A YMENTS.DOC
RESOLUTION NO. 2001--
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA,
CALIFORNIA, ACCEPTING A PETITION REQUESTING THE FORMATION
OF AN ASSESSMENT DISTRICT TO INCLUDE A PORTION OF "D" STREET
FOR THE PURPOSE OF FINANCING THE CONSTRUCTION OF SIDEWALK
IMPROVEMENTS
WHEREAS, the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA, has
been presented and has received a petition from certain property owners requesting the installation of
certain sidewalk improvements, together with appurtenances and appurtenant work in connection
therewith, such improvements to be installed pursuant to the provisions and authority of Chapter 27
of the "Improvement Act of] 911", being Division 7 ofthe Streets and Highways Code ofthe State
of California; and
WHEREAS, such petition requests that such improvements be financed through the
fonnation of an assessment district pursuant to the provisions of Chapter 27, such assessment district
to be known and designated as ASSESSMENT DISTRICT NO. 2001-3 ("D" STREET) (the
"Assessment District").
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:
SECTION 1. The above recitals are all true and correct.
SECTION 2. It is hereby found that:
A. Such petition has been signed by the owners owning land constituting more than sixty
percent (60%) of (i) the front footage of the unimproved portion of the block requested by such
owners to be improved and (ii) all assessable land proposed to be included within the boundaries of
the Assessment District.
B. Such petition meets all of the requirements of the "Special Assessment Investigation,
Limitation and Majority Protest Act of 193]," being Division 4 of the Streets and Highways
Code of the State of California (the "Investigations Act").
C. The property owners have waived the sixty (60) day period within which such owners are
required to construct the sidewalk improvements.
SECTION 3. No further proceedings or limitations under the Investigations Act shall be
applicable to these proceedings.
SECTION 4. This petition shall be as a part of the record of these proceedings and shall be
open to public inspection as required by law.
7-~
Presented by
John P. Lippitt
Public Works Director
.I\attomey\ceso\D St District accept petition
Approved as to form by
O--~{
John M. Kaheny ~
City Attorney
2
1---<5"
RESOLUTION NO. 2001--
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA, CALIFORNIA, ADOPTING A MAP SHOWING THE PROPOSED
BOUNDARIES FOR ASSESSMENT DISTRICT NO. 2001-3 ("D"
STREET)
WHEREAS, the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA, has
been presented and has received a map showing and describing the boundaries of the area proposed
to be assessed in an assessment district under the provisions and authority of Chapter 27 of the
"Improvement Act of 19 I I ", being Division 7 of the Streets and Highways Code of the State of
California; said assessment district known and designated as ASSESSMENT DISTRICT NO. 2001-
3 ("D" STREET) (the "Assessment District").
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:
SECTION I. The above recitals are all true and correct.
SECTION 2. A map showing the boundaries ofthe proposed Assessment District and lands
and property to be assessed to pay the costs and expenses of the proposed acquisition of certain
public improvements designated as "PROPOSED BOUNDARIES OF ASSESSMENT DISTRICT
NO. 2001-3 ('D' STREET)" is hereby submitted, and the same is hereby approved and adopted.
SECTION 3. The original map ofthc boundaries ofthe proposed Assessment District and
onc copy thereof is to be filed in the Ofllce of the City Clerk.
SECTION 4. A certificate shall be endorsed on the original and on at least one copy ofthe
map of the Assessment District, evidencing the date and adoption of this Resolution, and within
fi fteen (15) days after the adoption of the Resolution fixing the time and place of hearing on the
[ormation or extent ofthe Assessment District, a copy of such map shall be filed with the correct and
proper endorsements thereon with the County Recorder, all in the manner and form provided in
Section 3111 of the Streets and Highways Code of the State of California.
Presented by
Approved as to form by
0--- ~N ~
John M. Kaheny
City Attorney
John P. Lippitt
Director of Public Works
j",t"""y"",,'-J} St IJ;,t,;ct bo""d"y "'"r
7--2. (p
RESOLUTION NO. 2001-_-
RESOLUTION OF THE C1TY COUNCIL OF THE CITY OF CHULA VISTA,
CALIFORNIA, ORDERING THE INSTALLATION OF CERTAIN SIDEWALK
IMPROVEMENTS ON "D" STREET, APPROVING THE PRELIMINARY
ENGINEER'S REPORT, SETTING THE TIME AND PLACE FOR A PUBLIC
HEAR1NG AND ORDERING THE INSTALLATION OF ASSESSMENT
BALLOT PROCEEDINGS
WHEREAS, the CITY COUNCIL (the "City Council) ofthe CITY OF CHULA VISTA (the
"City"), CALIFORNIA, has been presented and has received a petition from certain property owners
requesting the installation of certain sidewalk improvements, together with appurtenances and
appurtenant work in connection therewith, such improvements to be installed pursuant to the
provisions and authority of Chapter 27 ("Chapter 27")of the "Improvement Act of 1911", being
Division 7 of the Streets and Highways Codc of the State of California; and
WHEREAS, the City Council, acting in response to such petition, desires to initiate
proceedings to order the installation of such sidewalk improvements pursuant to the provisions of
Chapter 27 and to initiate proceedings pursuant to the provisions of Chapter 27, Article XIIID of the
Constitution of the State of California ("Article XIIID") and the Proposition 218 Omnibus
Implementation Act (Government Code Section 53750 and following) (the "Implementation Act")
(Chapter 27, Article XlllD and the Implementation Act may be referred to collectively herein as the
"Assessment Law") to fonn an assessment district for the purpose of financing the cost of
installation of such sidewalk improvcments, such assessment district to be known and designated as
Assessment District No. 2001-3 CD' Street) (the "Assessment District"); and
WHEREAS, there has been prepared and filed with this legislative body a report (the
"Report") of the City Engineer, acting as the Assessment Engineer, pertaining to the proposed
Assessment District as provided for in and required by the Assessment Law and the Report has been
prescntcd to this legislative body for its considcration.
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:
SECTION I. Recitals. The above recitals are all true and correct.
SECTION 2. Description ofImprovements. The public interest and convenience requires,
and this City Council hereby orders the installation of the following public improvements:
Sidewalks along the frontage of 305,311,317 and 321 D Street and
new driveway aprons for 305, 311 and 371 D Street.
SECTION 3. Plans and Specifications. All of the above mentioned improvements shall be
generally constructed at the grades, along the lincs, between the points, and at the places and in the
7---<7
manner as shown on the plans and specifications for such improvements designated by the name and
number of the Assessment District which are on file in the office of the Director of Public Works.
For all particulars as to the alignment of the improvements and a full and detailed description of such
improvements, referenced is hereby made to such plans and specifications.
SECTION 4. Area of Special Benefit. The improvements, in the opinion of this City
Council, will be of special benefit to the abutting and fronting properties and, subject to support by
the owners of the properties proposed to be assessed of the levy of such assessments pursuant to the
assessment ballot procedures described below, this City Council hereby makes the expenses of such
improvements assessable upon the properties within the proposed boundaries of the Assessment
District. For a general description ofthe Assessment District and area of special benefit, reference is
made to the map of the boundaries of the Assessment District identified as "PROPOSED
BOUNDARIES OF ASSESSMENT DISTRICT NO. 2001-3 CD' STREET)". A copy of such map is
on file in the office of the Director of Public Works and open to public inspection during normal
office hours of such department.
SECTION 5. Construction of the 1mprovements. This City Council finds that the owners of
the properties within the proposed boundaries of the Assessment District have, pursuant to Streets
and Highways Code Section 5879, waived the sixty (60) day period within which such owners may
construct such improvements. Therefore, the City Council hereby orders the Superintendent of
Streets to cause the construction of the improvements. Such order shall be subject to the condition
precedent that the owners ofthe properties proposed to be assessed for the costs of such construction
support, through the assessment ballot proceedings, the levy of such assessments.
SECTION 6. Authority for Construction. All ofthe construction proposed shall be done and
carried through and financed pursuant to the provisions of Chapter 27.
SECT10N 7. Approval ofthe Report. The Report referred to herein above is adopted, passed
upon, and preliminarily approved, and contains the following:
A.
The plans and specifications for the improvements proposed to be constructed;
B.
The Assessment Engineer's estimate ofthe itemized and total costs and expenses of
the construction of the improvements and of the incidental expenses in connection
therewith contained in the Report including that portion of such costs and expenses
representing the special benefit to be conferred by such improvements on those
parcels within the Assessment District;
c.
The diagram showing the Assessment District and the boundaries and dimensions of
the respective subdivisions of land within such Assessment District, as the same
existed at the time of the passage of this resolution, each of which subdivisions have
been given a separate number upon such diagram, as contained in the Report;
2
-.-
9--28
D.
The proposed assessment upon the several subdivisions ofland in the Assessment
District, in proportion to the estimated special benefits to be conferred on such
subdivisions, respectively, by the improvements to be constructed, and of the
incidental expenses thereof, as contained in the Report;
E.
A description of the improvements to be constructed.
The Report shall stand as the Report of the Assessment Engineer for the purpose of all
subsequent proceedings had pursuant to the Assessment Law.
SECTION 8. Notice of Public Hearing. Notice is hereby given that a public hearing to
consider protests to the proposed assessments is hereby scheduled to be held at the City Council
mccting room ofthe City ofChula Vista located at 276 Fourth Avenue, Chula Vista, California on
February 5, 2002 at 4:00 pm. As such public hearing, the City Council will hear and pass upon
objections or protests, ifany, which may be raised orally or in writing by any property owner or any
other interested person.
In addition, pursuant to the provisions of the Assessment Law, each record owner ofproperty
proposed to be assessed has the right to submit an assessment ballot in favor of or in opposition to
the proposed assessment.
Assessment ballots will be mailed to thc record owner of each parcel located within the
Assessment District and subject to a proposed assessment. Each such owner may complete Sllch
assessment ballot and thereby indicate their support for or opposition to the proposed assessment. All
such assessment ballots must be received by the City Clerk at the following address at or before the
time set for the close of the public hearing:
City Clerk, City ofChula Vista
276 Fourth Avenue
Chula Vista, California 91910
An assessment ballot received after the close of the public hearing will not be tabulated even
though the postmark on the envelope transmitting the assessment ballot is dated on or before the date
of the public hearing.
At the conclusion of the public hearing, the City Council shall cause the final tabulation of
the assessment ballots timely reccived. If a majority protest exists, the City Council shall not impose
an assessment within the Assessment District. A majority protest exists if, upon the conclusion of
the public hearing, assessment ballots submitted in opposition to the assessments within the
Assessment District exceed the assessment ballots submitted in favor of such assessments. In
tabulating the assessment ballots, the assessment ballots shall be weighted according to the
proportional financial obligation of the affected property.
SECTION 9. Order to Provide Notice. The City Clerk is hereby directed to mail or cause to
be mailed notice of the public hearing and the adoption of this and of the filing of the Report,
together with the assessment ballot materials, to the record owner of all real property proposed to be
assessed.
Presented by
Approved as to form by
Ov- Î1!l&t ~ Q
John M. Kaheny
City Attorney
~~
John P. Lippitt
Public Works Director
J\'ttomcy\cc,o\D SI Di",i" inlenli"" to limn
4
COUNCIL AGENDA STATEMENT
Item /0
Meeting Date 12/11/01
ITEM TITLE:
Resolution Approving the transfer of appropriations for the
Graphic Artist position from the Parks and Recreation Department to
City Administration - Office of Communications for FY2001-02 and
amending the spending plan for FY2002-03
Deputy City Manager palmer~
Director of Parks and Recreation
SUBMITTED BY:
. (;'¡¿
REVIEWED BY: Ctty Manager t<' kill- (4/5ths Vote: Yes - No---L.J
The City's one Graphic Artist position is currently budgeted in Recreation Administration in the
Parks and Recreation Department. This formerly hourly position was approved as a .75 FTE
permanent position in the budget for FY200l-02, as recommended in last year's citywide
Communications Audit. The City Manager approved the transfer of this position from Parks and
Recreation to the Office of Communications effective 10119/0 I. Appropriations therefore need to
be transferred for this position. The City Council Policy on appropriation transfers calls for
Council approval for transfers of funds between departments.
RECOMMENDATION: That the City Council adopt the resolution approving the transfer of
appropriations for the Graphic Artist position from the Parks and Recreation Department to City
Administration - Office of Communications for FY2001-02 and amending the spending plan for
FY2002-03.
BOARDS/COMMISSION: Not applicable.
DISCUSSION:
Two of the findings from the citywide Communications Audit that was conducted in FY2000-01
and presented to Council in March 2001 were the following: "There is a need for a more
consistent style or theme in printed materials; and the City has a strong need for a. ... well-trained
and experienced Public Information support team sufficient to handle increased workload." In
fact, one of the recommendations of the Communications Audit consultant was to have a graphic
designer position established within the Office of Communications to meet the extensive graphic
design needs of the City.
The work plan recommended by the Steering Committee for the Communications Audit included
the establishment of a citywide Communications Committee tasked initially with unifYing
graphic presentation of the major public service departments, developing a graphic design
manual, formalizing/centralizing graphic design responsibilities, evaluating citywide graphic
abilities and needs, and making recommendations for increasing effectiveness.
Having the Graphic Artist position in the Office of Communications will ensure that the citywide
graphic needs of the City are met and enhanced, including continued support of Parks and
Recreation.
,/0-/
Page 2, Item Æ
Meeting Date 12/11/01
FISCAL IMPACT: Appropriations in the amount of $18,986 need to be transferred from
Recreation Administration in the Parks and Recreation Department to City Administration -
Office of Communications for personnel services for FY2001-02. No funds are being transferred
for supplies and services; these costs will be absorbed by the department. The spending plan for
FY2002-03 will need to be amended to transfer $24,987.
/ (}--.,J.,
RESOLUTION NO. 2001-
RESOLUTION OF THE CITY COUNC1L OF THE CITY OF
CHULA VIST A APPROVING THE TRANSFER OF
APPROPRIA TIONS FOR THE GRAPHIC ARTIST POSITION
FROM THE PARKS AND RECREATION DEPARTMENT TO
CITY ADMINISTRATION OFFICE OF COMMUN1CA TIONS
FOR FY2001-02 AND AMENDING THE SPENDING PLAN
FOR FY2002-Q3
WHEREAS, the City's one Graphic Artist position is currently budgeted in
Recreation Administration; and
WHEREAS, this formerly hourly position was approved as a .75 FTE permanent
position in the budget for FY2001-02; and
WHEREAS, the City Manager approved the transfer of this position from Parks
and Recreation to the Office of Communications effective 10119/01 and funds, therefore, need to
be transferred for this position; and
WHEREAS, the City Council Policy on appropriation transfers requires Council
approval for transfers of funds between departments.
NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula
Vista does hereby approve the transfer of appropriations in the amount of$18,986 for the Graphic
Artist position from Parks and Recreation to City Administration - Office of Communications for
FY2001-02 and amending the spending plan for FY2002-Q3 to transfer $24,987.
Presented by
Approved as to form by
~~ /é~
Jo / . Kaheny
City Attorney
.;:J
David Palmer
Deputy City Manager
J:\attorney\rcso\graphic artist xter (Decemher 5, 2001 (4:35PM)]
/0'.
COUNCIL AGENDA STATEMENT
Item //
Meeting Date 12/11/01
ITEM TITLE:
Resolution Adding a Special Projects Manager position to
Administration and Appropriating Funds therefore based on unanticipated
revenue.
SUBMITTED BY: City ManageÞç(¿ i)¡V
"
Currently Marty Chase is contracted as a consultant by the City ofChula Vista primarily responsible
for updating the Public Facilities Development Impact Fees (PFDIF). Previously, he was employed
by the City in the position of Special Projects Manager. This resolution would reestablish the
position of Special Projects Manager, which was last filled by Mr. Chase. He is an expert on PFDIF
and sufficient funds have been budgeted in the PFDIF that could alternately be used to reimburse the
General Fund when his status switches from consultant to employee. This change in status from
consultant to employee would be beneficial to all concerned. The City would benefit by increased
access that would allow him to spend more time imparting his PFDIF knowledge to City staff as well
as provide expertise in other areas such as public safety staffing models. He would benefit by having
an office on site, support staff and easier access to needed information. The PFDIF Fund would
benefit by continuing to access his expertise at a reduced overall cost.
(4/5th Vote: Yes -1L- No->
RECOMMENDATION:
That the City Council adopt the resolution adding the position of Special Projects Manager in
Administration and amend the FY02 budget and appropriate $51,000 based on unanticipated
reimbursement revenue and amend the FY03 adopted spending plan by adding $121,000 in
Personnel Services to Administration's budget based on unanticipated reimbursement revenue.
BOARD/COMMISSION RECOMMENDATION: N/ A
DISCUSSION:
As a consultant, Marty Chase has been primarily working on the update of the PFDIF. This
update is quite significant and was necessitated by the recent finalization of the plans and costs
for major City facilities including the PoJice Facility, Civic Center and Corporation Yard,
resultant in whole or part by City growth. In the course of this update he has met with all major
City developers as a group and with many individually, listening to their concerns and presenting
the fee increase proposal. The interim update of these fees should be coming forward to the City
Council in early 2002. As part of this process, significant additional work has been identified, by
both City staff and developers, that is to be completed within the next one to two years. This
work includes:
Automation of the PFDIF update process as well as mechanisms to track project progress
and expenditures
A comprehensive detailed update of the Park Acquisition and development (PAD) fees
//-/
Page 2, Item 1/
Meeting Date -=
and the development of a new recreation facility component for the public Facilities DIF
A review ofPFDIF fees relative to the benefits afforded various development types
including industrial, commercial, single family residential and multi-family residential
Mr. Chase is an expert at PFDIF issues and is well respected by the development community.
His continued involvement in these projects is highly recommended. He has indicated a
willingness to come back to the City for a one to two year period to complete these projects.
Sufficient monies have been budgeted in the DIF to reimburse the General Fund for his services
through FY03. Having him on staff will reduce the overall cost for completion of these projects
and also have no impact on the General Fund.
In addition to working on these PFDIF projects, he has agreed to automate and document the
patrol staffing model so that future runs of this model can be done internally. He will also be
working with Budget and Analysis staff on a study of police dispatch staffing, specifically in the
area of staffing model development. Public Safety staffing is another area where he has great
experience and expertise.
FISCAL IMPACT:
There will be no fiscal impact on the General Fund for FY02 or FY03. The FYO2 cost of $51,000
and the FY03 cost of $121,000 will be covered from unanticipated revenue from PFDIF
reimbursements. There are sufficient funds budgeted in both FY02 and FY03 in the Public Facilities
DIF to reimburse the General Fund for services related to the PFDIF update as well as developing
monitoring systems associated with PFDIF-funded projects, as the costs for consulting services were
included in these budgets.
/I-~
RESOLUTION NO. 2001-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA ADDING A SPECIAL PROJECTS MANAGER POSITION TO
ADMINISTRATION AND APPROPRIATING FUNDS THEREFOR
BASED ON UNANTICIPATED REVENUE
WHEREAS, currently Marty Chase is contracted as a consultant
by the City of Chula vista primarily responsible for updating the Public
Facilities Development Impact Fees (PFDIF); and
WHEREAS, he was previously employed by the City in the
position of Special Projects Manager and staff now recommends
reestablishing the position of Special Projects Manager; and
WHEREAS, Mr. Chase is an expert on PFDIF and sufficient funds
have been budgeted in the PFDIF that could alternately be used to
reimburse the General Fund when his status switches from consultant to
employee; and
WHEREAS, this change in status from consultant to employee
would be beneficial to all concerned as the City would benefit by
increased access that would allow him to spend more time imparting his
PFDIF knowledge to City staff as well as provide expertise in other areas
such as public safety staffing models; he would benefit by having an
office on site, support staff and easier access to needed information and
the PFDIF Fund would benefit by continuing to access his expertise at a
reduced overall cost.
NOW, THEREFORE, BE IT RESOLVED the City Council of the City of
Chula Vista does hereby add a Special Project Manager position to
Administration.
BE IT FURTHER RESOLVED that the FY 02 budget is hereby amended
by appropriating $51,000 based on unanticipated reimbursement revenue.
BE IT FURTHER RESOLVED that the FY03 adopted spending plan is
hereby amended by adding $121,000 in Personnel Services to
Administration's budget based on unanticipated reimbursement revenue.
Presented by
Approved as to form by
David D. Rowlands, Jr.
City Manager
J\ATTORNEY\RESO\special projects manager
//:3
COUNCIL AGENDA STATEMENT
Item No.: J d--
Meeting Date: 12/11/01
ITEM TITLE:
Resolution of the City Council of the City of Chula Vista approving the
executed Mills Act contracts between the City of Chula Vista and the
owners of historic properties.
SUBMITTED BY: Director of Planning and Building '¥.~
CV-
REVIEWED BY: City Manager ç~ v'" (4/Sths Vote: Yes_NolO
Staff, in accordance with previous Council direction, has prepared contracts for the twelve
owners of historic homes who want to participate in the Mills Act program. Upon authorization
by the City Council, the City will enter into the contracts which will then be forwarded to the
County Assessor's otfice for recordation, making the properties eligible for tax credit in the 2002
tax year.
RECOMMENDATION: That the City Council approve the executed contracts for those
property owners who have elected to participate in the Mills Act Program at this time.
BOARDS/COMMISSIONS RECOMMENDATION: The Resource Conservation Commission
reviewed these contracts on December 3, 2001 and
DISCUSSION:
On May 29, 2001 Council adopted a policy that allows the City of Chula Vista to enter into Mills
Act Agreements with owners of historic properties. These agreements will help provide the
property owners tinancial assistance in the form of property tax relief. Staff, with the approval
of the City Attorney has prepared contracts that have been entered into by the owners of historic
homes who want to participate in the Mills Act Program
Staff has met with those homeowners that have applied to participate in the Mills Act Program
and together with each homeowner has determined a list of potential improvements to the
property to be completed over the next ten (10) years. Some of the potential improvements
include: painting the homes with historic colors, new roofs, and general maintenance and repairs
that will help retain the property's historic character. Subsequent to this each property owner
signed the contract thus showing their agreement to the provisions of the contract. Each contract
was considered by the RCC contract who recommended that Council approve said contracts.
M
Page 2, Item No.: /"L
Meeting Date: 12/11/01
Review and approval by the City Council of the executed Mills Act contracts is necessary for the
City to enter into each of the Mills Act Agreements. Upon approval by the City Council, the
City will enter into the contracts which will be forwarded to the County Assessor's office for
recordation.
FISCAL IMPACT:
Implementation of the Mills Act contracts will have a nominal fiscal impact on the City. The
City only receives $0.147 of each property tax dollar, therefore there will be minimal fiscal
impact associated with the reduction in property taxes as a result of the Mills Act Program.
Attachments
1.
2.
3.
4.
Locator maps for each property.
RCC Minutes
Mills Act Cnntracts
Photos of tile properties
J Wlannmg\LynnenelcnuncillmiHs act contracts agenda ,""ement 2.dnc
/ol-')
RCC Minutes
- 3 -
December 3, 2001
OLD BUSINESS
tgî>A-- F- 1_-.
J1",_VIi' -
1. Historic Designation, 279 'J' Street (Victor Day House)
Ms. Lynnette Lopez (Associate Planner) indicated that staff received an application
on October 25, 2001 from Ms. Green requesting that the Victor Day House be
considered for historic designation. Ms. Green is the granddaughter of Victor &
Gwendoline Day, the original owner. Ms. Green has requested designation for the
following reasons: it is a 1920's style bungalow and it retains some of its original
design and materials. Contractor Arthur Done constructed the house in 1924. This
house may meet Criteria #4 for distinguishing architecture. Staff requests that the
Commission specifically address the vinyl windows and the addition of the enclosed
porch in their deliberations. Ms. Green has also applied for the Mills Act. With that
savings she intends to put it toward restoring the house back to its original splendor.
So, she would change the windows to the original era.
Ms. Joyce Green (Owner, 279 'J'Street, Chula Vista, CA 91910) indicated that the
enclosed porch is pretty much original to the house.
Commissioner Bensoussan did not think the porch represented any major impact
since you cannot see it from the front, but she seriously objected to the vinyl
windows. She felt the RCC would be sending the wrong message if they
recommended designation of this house with the windows as they are unless the
RCC tied it to some kind of condition.
Ms. Lopez indicated that the Commission could make a recommendation on the
Mills Act Contract by putting an actual timeframe for changing the windows or send it
forward to City Council specifically noting that was an item. Ms. Lopez would be
going out to check on those improvements.
Ms. Marilyn Ponseggi (Environmental Review Coordinator) suggested a couple
actions the RCC could take: 1) recommend against the designation because of the
vinyl windows, or 2) tie it to the Mills Act and put the designation and tie it to a
specific time period within the time that the Mills Act Contract is approved.
Chair Bull thought that a mitigating factor should be the fact that the house has
continuously remained in the family.
MSC (Thomas/Reid) to approve for historic designation and recommend for a
Mills Act Agreement with a condition in the Agreement that the windows shall
be replaced by the end of 2005.
Amend motion to add that no historic site number will be placed on the house
until the windows are replaced. This was agreed to by the motion maker and
second. Vote: (5-0-0-1) with Burrascano absent.
/),-3
RCC Minutes - 4 - December 3. 2001
URAFT
2, Historic Designation, 466 'E' Street (George Sample House)
Ms. Lopez indicated that the owner, Ms. Elizabeth Galligan, has requested
designation based upon the distinguishing architecture character, the house is over
69 years old and retains many of its original features, and it is a unique subtype of
Tudor style architecture. The house was built in 1929 for George A. Sample. The
City of Chula Vista Historic Resources Inventory of 1985 states that it appears that
there was an addition to the rear of the house. Staff has determined and confirmed
with the current owner that this was misinformation as there was never an addition
made to this house. The house appears the meet Criteria #4 and #6.
Commissioner Reid asked if the owner had applied for the Mills Act. Ms. Lopez
stated that Ms. Galligan does not wish to apply for the Mills Act Agreement.
MSC (Bensoussan/Thomas) to approve for historic designation. Vote: (5-0-0-
1) with Burrascano absent.
Chair Bull recommended that it be noted on the Historic Inventory that the back of
the house is not an addition. Ms. Ponseggi stated that staff could do that.
NEW BUSINESS (Cont'd)
4. Mills Act Contracts for: 311 'D' Street: The Frank Damren House
21 'F' Street: The Starkey House
279 'J' Street: The Victor Day House
200 'K' Street, The Edmund Russ House
665 Del Mar Avenue: "El Nido" The Mary Miller
House
224 Fig Avenue: The George Steese House
124 Hilltop Drive: The Leo Christy House
344 Hilltop Drive: The Dupree-Gould House
614 Second Avenue: The Nadine Davies House
616 Second Avenue: The Greg Rogers House
642 Second Avenue: The Garrettson-Frank House
644 Second Avenue: The Jennie MacDonald House
640 Fifth Avenue: The Stafford House
Ms. Lopez stated that each Mills Act Agreement has an attachment that each
homeowner, in discussion with staff, completed as to what their intensions are with
their Mills Act savings.
Ms. Ponseggi suggested that, if the Commission determines to take these as a
package, they need to pull out 614 and 616 Second Avenue and act on them
separately because Commissioner Bensoussan is the owner and cannot vote on
those. Also take out 279 'J' Street as that house was voted on earlier.
A-¥
RCC Minutes
- 5-
December 3. 2001
Ms. Lopez indicated that, upon recommendation by the RCC, the contracts would be
forwarded to City Council for consideration and authorization for the Mayor to sign
the contracts, which will then be forwarded to the County Assessors office making
the properties available for tax credit in the 2003 tax year. The Contracts must be
notarized before being forwarded to the County. Each homeowner has voluntarily
applied to participate in the Mills Act program thus indicating their commitment to
preserve the historic character of their home.
Staff Recommendation: That the RCC make the recommendation to Council to
approve each of these Mills Act Contracts.
Commissioner Bensoussan stressed for the record that her interpretation of the Mills
Act Contract does not allow for improvements to include things like vinyl or
aluminum windows.
MSC (Thomas/Reid) to recommend all the homes for the Mills Act except 279
'J' Street, 614 and 616 Second Avenue. Vote: (5-0-0-1) with Burrascano
absent.
MSC (Diaz/Reid) to recommend 614 and 616 Second Avenue for the Mills
Act. Vote: (4-0-1-1) with Bensoussan abstaining and Burrascano absent.
/0{ -
RESOLUTION NO. 2001-~
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
TO APPROVE THE EXECUTED MILLS ACT CONTRACTS BETWEEN
THE CITY OF CHULA VISTA AND THE OWNERS OF HISTORIC
PROPERTIES
WHEREAS, California Government Code Section 50280, et seq., referred to as the Mills
Act, authorized cities to enter into contracts with the owners of qualified historic a] properties to provide for
the use, maintenance, and restoration of such historical properties so as to retain their characteristics as
properties of historical significance: and
WHEREAS, following Council's Policy Number 454-01, adopted May 29, 200], upon
approval by City Council the City ofChula Vista will be able to enter into said Mills Act Agreements with
property owners of qualified historic properties; and
WHEREAS, City and Owner(s), for their mutua] benefit, now desire to enter into this
Agrcement both to protect and preserve the characteristics of hIstorical significance of the Historical Site
and to qualify the Historical Site for an assessment of valuatIOn pursuant to the provisions of Article 1.9,
(commencing with Section 439) of Chapter 3 of Part 2 of Division 1 of the California Revenue and
Taxation Code (and as amended from time to tnHe); and
WHEREAS, the Owner(s) are determined to be the owners of: 311 "D" Street, 21 "F"
Street. 279 "r Street, 200 "K" Street, 665 De] Mar Avenue, 224 Fig Avenue, ]24 Hilltop Drive, 344
Hilltop Drive, 6]4 and 616 Second Avenue, 642 Second Avenue, 644 Second Avenue, and 640 Second
Avenue, Chula Vista 9]910; and
WHEREAS, State legislatIOn defines a qualified historic property as any property that is
listed on a national, state or local historic register; and
WHEREAS. all said properties are all listed on Chula Vista's List of Historic Sites. and
therefore are all deemed as "qualified historic propertIes"; and
WHEREAS. the Resource Conservation Commission at their regular meetiug held on
Decemher 3, 2001 reviewed each contract in its entirety and made the recommendation to City Council to
approve the City of Chula Vista to enter into said contracts; and
WHEREAS, the Environmental Review Coordinator has determined that this project is
exempt per the California Environmental Quality Act (CEQA), Section 15331, Class 31, Historical
Resources Restoration and Rehabilitation.
NOW, THEREFORE, BE IT RESOL VED that the City Council does hereby approve the
executed Mills Act contracts between the City Of Chula Vista and the owners of the following historic
properties: 311 "D" Street, 2] "F" Street. 279 "J" Street, 200 "K" Street, 665 Del Mar A venue, 224 Fig
Avenue, 124 Hilltop Drive, 344 Hilltop Drive, 614 and 616 Second Avenue, 642 Second Avenue, 644
Second Avenue, and 640 Second Avenue, all located in the City ofChula Vista, in the 91910 area.
Presented by:
Approved as to form by:
Robert A. LeIter
Director of Planning & Building
Va. -... <. I-I-o--.~
John M. Kaheny
City Attorney
11\'tln""y:ln"";"c\,,,"" ,<c¡ conti act,
/~ - !o
FREDRICKA
MANOR
SENIOR HOUSING
C HULA VISTA PLANNING AND BUILDING DEPARTMENT
LOCATOR Ä~~¿~~1T: THE FRANK DAMREN HOUSE PROJECT DESCRIPTION:
C9 PROJECT 311 "0" STREET Mills Act Program Applicant
ADDRESS:
SCALE: I FilE NUMBER:
NORTH No Scale 566-030-54-00
h:lhomelpianningliocatorsl 11/30/01
J~-
Recording Requested by and
Please Return to:
City Clerk
City ofChula Vista
P.O. Box 1087
Chula Vista. CA 91912
D
This Space for Recorder's Use Only
D
APN(s)S66-030-S4-00
MILLS ACT AGREEMENT
For property located at 311 "D" Street Chula Vista, CA. 91910
THIS AGREEMENT is entered into by and between THE CITY OF CHULA VISTA, a
municipal corporation ("City") and Felix Delgado and Leticia Delgado ("Owners").
RECITALS
WHEREAS, CalifornÏa Government Code Section S0280, et seq., referred to as the Mills
Act, authorized cities to enter into contracts with the owners of qualified historical properties to
provide for the use, maintenance, and restoration of such historical properties so as to retain their
characteristics as properties of historical significance.
WHEREAS, Owner possesses fee title in and to that certain real property, together with
associated structures and improvements thereon, Assessor Parcel No.S66-030-S4-00, and
generally located at the street address 311 "D" Street, Chula Vista, California, 91910, (the
"Historic Site").
WHEREAS, after a public hearing, the Chula Vista City Council declared and designated
the above property as Historical Site Number 4S, pursuant to Chula Vista Municipal Code
Section 2.32.070. A-F.
WHEREAS, City and Owner, for their mutual benefit, now desire to enter into this
Agreement both to protect and preserve the characteristics of historical significance of the
Historical Site and to qualify the Historical Site for an assessment of valuation pursuant to the
provisions of Article 1.9, (commencing with Section 439) of Chapter 3 of Part 2 of Division 1 of
the CalifornÏa Revenue and Taxation Code (and as amended from time to time).
NOW THEREFORE, in consideration of the mutual benefits and covenants, City and Owner
agree as follows:
/0{ -E
Page 2 of 6
Mills Act Contract
1. Compliance with Council Policy. Owner shall comply with Council Policy Number 454-
01 incorporated herein by this reference.
2.
Standards for Historical Site. During the term of this Agreement, the Historic Site shall
be subject to the following conditions, requirements, and restrictions:
~ Owner should preserve and maintain the regulated characteristics of historical
significance of the Historic Site, and, where necessary and feasible, restore and
rehabilitate the property, in accordance with the rules and regulations published
by the Secretary of the Interior and as amended from time to time (Attachment
A). Work should be done in accordance with the attached schedule of potential
home improvements, drafted by the Owner (Attachment B).
£: Owner should maintain all buildings, structures, yards and other improvements in
a manner which does not detract from the appearance of the immediate
neighborhood. The following conditions are prohibited:
1. Dilapidated, deteriorating, or unrepaired structures, such as: fences, roofs,
doors, walls and windows;
II. Scrap lumber, junk, trash or debris.
111. Abandoned, discarded or unused objects or equipment, such as
automobiles, automobile parts, furniture, stoves, refrigerators, cans,
containers, or similar items;
IV. Stagnant water or excavations, including pools or spas;
v. Any device, decoration, design, structure or vegetation which is unsightly
by reason of its height, condition, or its inappropriate location.
~ Owner shall allow reasonable periodic examination of the Historic Site, by prior
appointment, if a request is made by representatives of the City of Chula Vista
Planning Department, County Assessor, State Department of Parks and
Recreation or the State Board of Equalization.
4: The owner shall allow visibility of the exterior of the structure from the public
right-of-way.
~ Should owner apply to the City for a permit for demolition, substantial exterior
alteration or removal ofthe Historic Site, Owner shall attend and participate in a
scheduled hearing regarding such application before the board or commission
designated by the City Council to oversee the City's historic resources prior to the
issuance of such permit, so long as such hearing is completed no longer than three
(3) weeks after owner submits such application to the City.
[ Notwithstanding the foregoing subparagraph 2.e, should Owner apply to the City
for a permit for the demolition, substantial exterior alteration or removal of the
Historic Site, Owner shall comply with all City and State of CalifornÏa
environmental regulations, policies and requirements prior to City issuance of the
requested permit.
Information of Compliance. Owner hereby agrees to furnish City with any and all
information requested by the City which the City deems necessary or advisable to
determine compliance with the terms and provisions of this Agreement.
3.
4. Cancellation. City, following a duly noticed public hearing as set forth in California
Government Code Sections 50280, et seq., may cancel this Agreement if it determines
/~-9
Page30f6
Mills Act Contract
that Owner has breached any of the conditions of this Agreement or has allowed the
property to deteriorate to the point that it no longer meets the City's or State's standards
for a qualified historic property. In addition, City may cancel this Agreement if it
determines that the Owner has failed to restore or rehabilitate the property in the manner
specified in subparagraph 2(a) of this Agreement, or has demolished, substantially altered
or removed the historic site. In the event of cancellation, Owner maybe subject to
payment of those cancellation fees set forth in California Government Code Section
50280, et seq.
5. Enforcement of Agreement. In lieu of and/or in addition to any provisions related to
cancellation of the Agreement as referenced herein, City may specifically enforce or
enjoin the breach of the terms of this Agreement. In the event of a default under the
provisions of this Agreement by Owner, City will give written notice to Owner by
registered or certified mail addressed to the address stated in this Agreement, and if such
a violation is not corrected to the reasonable satisfaction of the City within thirty (30)
days (provided that acts to cure the breach or default must be commenced within thirty
(30) days and must thereafter be diligently pursued to completion by Owner), then City
may, without further notice, declare a default under the terms of this Agreement and may
bring any action necessary to specifically enforce the obligations of Owner growing out
ofterms of this Agreement, apply to any court, state or federal for injunctive relief
against any violation by Owner or apply for such other relief as may be appropriate. City
does not waive any claim of default by Owner if City does not enforce or cancel this
Agreement. All other remedies of law or in equity which are not otherwise provided for
in this Agreement or in City's regulations governing historic sites are available to the
City to pursue in the event there is a breach of this Agreement. No waiver by City of any
breach or default under this Agreement shall be deemed to be a waiver of any other
subsequent breach thereof or default hereunder.
6. Binding Effects of Agreement. The Owner hereby subjects the Historic Site to the
covenants, reservations and restrictions as set forth in this Agreement. City and Owner
hereby declare their specific intent that the covenants, reservations, and restrictions as set
forth herein shall be deemed covenants running with the land and shall pass to and be
binding upon the Owner's successors and assigns in title or interest to the Historic Site.
Each and every contract, deed, or other instrument hereinafter executed, covering or
conveying the Historic Site, or any portion thereof, shall conclusively be held to have
been executed, delivered, and accepted subject to the covenants, reservations, and
restrictions expressed in this Agreement regardless of whether such covenants,
reservations, and restriction are set forth in such contract, deed, or other instrument. City
and Owner hereby declare their understanding and intent that the burden of the
covenants, reservations, and restrictions set forth herein, touch and concern the land, in
that Owner's legal interest in the Historic Site is rendered less valuable thereby. City and
Owner hereby further declare their understanding and intent that the benefit of such
covenants, reservations and restrictions, touch and concern the land by enhancing and
maintaining the historical characteristics and significance of the Historic Site for the
benefit of City, the public, and Owner.
/.), -jO
Page 4 of 6
Mills Act Contract
7. Effective Date and Term of Agreement. This Agreement shall be effective and
commence on December 11,2001 (but no earlier than approval of the agreement by the
City Council), and shall remain in effect for a term of ten (10) years thereafter. Each year
upon the anniversary ofthe effective date, such initial term will automatically be
extended as provided in paragraph 8 below.
8. Renewal. Each year on the anniversary of the effective date ofthis Agreement (the
"renewal date"), a year shall automatically be added to the initial term of this Agreement
unless notice of non-renewal is mailed as provided herein. If either Owner or City
desires in any year not to renew this Agreement, Owner or City shall serve written notice
of non-renewal on the other party in advance of the annual renewal date of the
Agreement. Unless such notice is served by Owner to City at least ninety (90) days prior
to the annual renewal date, or served by City to Owner at least sixty (60) days prior to the
annual renewal date, one (1) year shall automatically be added to the term of the
Agreement as provided herein. Upon receipt by Owner of a notice of non-renewal from
City, Owner may make a written protest of the notice. City may, at any time prior to the
annual renewal date of the Agreement, withdraw its notice of non-renewal. If either City
or Owner serves notice to the other of non-renewal in any year, the Agreement shall
remain in effect for the balance of the term then remaining, either from its original
execution or from the last renewal ofthe Agreement, whichever may apply.
9. Notice. Any notice required to be given by the terms of this Agreement shall be provided
at the address of the respective parties as specified below or at any other address as may
be later specified by either party.
To City:
City ofChula Vista
Attention: Director of Planning & Building
276 Fourth Avenue
Chula Vista, CA 91910
To Owner(s): Felix and Leticia Delgado
311 "0" Street
Chula Vista, CA. 91910
/~ -/1
10. General Provisions.
a. None of the terms, provisions, or conditions of this Agreement shall be deemed to
create a partnership between the parties and any of their heirs, successors, or
assigns, nor shall such terms, provisions, or conditions cause them to be
considered joint ventures or members of any joint enterprise.
Owner agrees to and shall hold City and its elected officials, officers, agents, and
employees harmless from liability for damage or claims for damage for personal
injuries, including death, and claims for property damage which may arise from
the direct or indirect use of operations of Owner or those of his or her contractor,
subcontractor, agent, employee or other person acting on his or her behalf which
relate to the use, operation, and maintenance of the Historic Site. Owner hereby
agrees to and shall defend the City and its elected Officials, officers, agents, and
employees with respect to any and all actions for damages caused by, or alleged
to have been caused by, reasons of Owner's activities in connection with the
Historic Site. This hold harmless provision applies to all damages and claims for
damages suffered, or alleged to have been suffered, by reason of the operations
referred to in this Agreement regardless of whether or not the City prepared,
supplied, or approved the plans, specifications, or other documents for the
Historic Site.
All of the agreements, rights, covenants, reservations, and restrictions contained
in this Agreement shall be binding upon and shall inure to the benefit of the
parties herein, their heirs, successors, legal representatives, assigns and all persons
acquiring any part or portion of the Historical Site, whether by operation of law or
in any manner whatsoever.
In the event that any of the provisions of this Agreement are held to be
unenforceable or invalid by any court of competent jurisdiction, or by subsequent
preemptive legislation, the validity and enforceability of the remaining provisions,
or portions thereof, shall not be effected thereby.
This Agreement shall not take effect unless and until Owner's signature is
notarized by a notary public. Furthermore, if an agent or representative of Owner
signs this Agreement on behalf of Owner, the agent or representative must furnish
proof, to the satisfaction of City, that the agent or representative has authority to
act on Owner's behalf.
This Agreement shall be construed and governed in accordance with the laws of
the State of CalifornÏa.
Page 5 of 6
Mills Act Contract
b.
c.
d.
e.
f.
lL Recordation. No later than twenty (20) days after the parties execute and enter into this
Agreement, City shall cause this Agreement to be recorded in the office of the County
Recorder of the County of San Diego.
12. Amendments. This Agreement may be amended only by a written and recorded
instrument executed by the parties hereto
/~-~
Page 6 of 6
Mills Act Contract
SIGNATURE PAGE TO MILLS ACT AGREEMENT FOR:
311 "D"StreetChulaVista, CA. 91910
CITY OF CHULA VISTA
OWNER(S) OF RECORD
Date:
Date:
Approved:
Shirley Horton, Mayor
By:
(Notarized Signature)
Date:
Date:
Attest:
Susan Bigelow, City Clerk
By:
(Notarized Signature)
Date:
Approved as to form:
John Kaheny, City Attorney
OWNERS PLEASE HAVE NOTARY PUBLIC ATTACH A SEPARATE PROOF OF
NOTARY PAGE WITH SIGNATURE AND SEAL.
/..J.-/.:!;;
ATTACHMENT "A"
SECRETARY OF THE INTERIOR STANDARDS FOR RESTORATION AND
REHABILITATION OF HISTORIC STRUCTURES
I.
A property shall be used for its historic purpose or be placed in a new use that requires
minimal change to the defining characteristics of the building and its site and
environment.
2.
The historic character of a property shall be retained and preserved. The removal of
historic materials or alterations of features and spaces that characterize a property shall be
avoided.
3.
Each property shall be recognized as a physical record of its time, place, and use.
Changes that create a false sense of historical development, such as adding conjectural
features or architectural elements from other buildings, shall not be undertaken.
4.
Most properties change over time; those changes that have acquired historic significance
in their own right shall be retained and preserved.
5.
Distinctive features, finishes, and construction techniques or examples of craftsmanship
that characterize a property shall be preserved.
6.
Deteriorated historic features shall be repaired rather than replaced. Where the severity of
deterioration requires replacement of a distinctive feature, the new feature shall match the
old in design, color, texture, and other visual qualities and, where possible, materials.
7.
Chemical or physical treatments, such as sandblasting, that cause damage to historic
materials shall not be used. The surface cleaning of structures, if appropriate, shall be
undertaken using the gentlest means possible.
8.
Significant archaeological resources affected by a project shall be protected and preserved.
If such resources must be disturbed, mitigation measures shall be undertaken.
9. New additions, exterior alterations, or related new construction shall not destroy historic
materials that characterize the property. The new work shall be differentiated from the old
and shall be compatible with the massing, size, scale, and architectural features to protect
the historic integrity of the property and its environment.
10. New additions and adjacent or related new construction shall be undertaken in such a
manner that if removed in the future, the essential form and integrity of the historic
property and its environment would be unimpaired.
/~ -/'1
ATTACHMENT "B"
MILLS ACT AGREEMENT SUPPLEMENTAL
(To be completed by the Owner)
Please list, to the best of your knowledge, the improvements that have been made over
the past 1 0 years to maintain or rehabilitate this property.
YEAR / IMPROVEMENT
Qoc I Wa:tey Heu.-tey ~e.9\Qc.e d
aceD Dr, ve.vJo.-y j:V1~-\-ú. \ \ed
",,00 é) Roof. p-"-? ìú.c.e.d
8.00 D non\' T fAc.x. LQv¡e!sco .ped
tWO D rYo~'ìí Sh(I'5\es Yho.de o-f' Cedc:nr ~eyh(ed
Please list the improvements and restorations that you intend to make over the next 10
years. List them in order of your priority based upon anticipated need for proper
maintenance.
PRIORITY
~a
.:\t:.1..
..:!\::þ
:\:TS
:t:!t-7
:W3
~4-
IMPROVEMENT /RESTORATIONS
Po.'h\ Hame en-\;y<=- \y
l)Y;j fade E \eL-\i-ì <:~ \ 8J-O va \1;
? L13 yo..de f'lomb\n5
~eV1ov~"\t ÜcrlDVOOYì'\ -to rey\od
-Remade t 1(~+Lh~')'\ -To ?e(;od
COIIJ1V\e.\e.. ~\Joo¿ S\Y~?r\)1j of) 1srFh,y
Re9\o.ce OOOß on all l:>ù;\T-;ns on l.sTFleüf
OWNER CERTIFICATION:
I certify that I am presently the legal owner of the subject property. Further, I
acknowledge the supplemental information on this form will be used as an exhibit
attached to the Mills Act Agreement.
Date:
Signature:
/0{ -IS
311 "D" Street
/~ -/(P
C HULA VISTA PLANNING AND BUILDING DEPARTMENT
LOCATOR Ä~~~I~~1T: THE EDMUND RUSS HOUSE PROJECT DESCRIPTION:
C) Ä~g~~~l: 200 "K" STREET Mills Act ProQram Applicant
SCALE: I FILE NUMBER:
NORTH No Scale 573-500-01-00
h :\homelplannlng\locators\ 12/03/01
/e.{-17
Recording Requested by and
Please Return to:
City Clerk
City ofChula Vista
P.O. Box 1087
Chula Vista, CA 91912
D
This Space for Recorder's Use Only
D
APN(s) 573-500-01-00
MILLS ACT AGREEMENT
For property located at 200 "K" Street Chula Vista, CA. 91910
THIS AGREEMENT is entered into by and between THE CITY OF CHULA VISTA, a
municipal corporation ("City") and Glenda Devaney ("Owner").
RECITALS
WHEREAS, California Government Code Section 50280, et seq., referred to as the Mills
Act, authorized cities to enter into contracts with the owners of qualified historical properties to
provide for the use, maintenance, and restoration of such historical properties so as to retain their
characteristics as properties of historical significance.
WHEREAS, Owner possesses fee title in and to that certain real property, together with
associated structures and improvements thereon, Assessor Parcel No. 573-500-01-00, and
generally located at the street address 200 "K" Street, Chula Vista, California, 91910, (the
"Historic Site").
WHEREAS, on 9/25/200 I, after a public hearing, the Chula Vista City Council declared
and designated the above property as Historical Site Number 47, pursuant to Chula Vista
Municipal Code Section 2.32.070. A-F.
WHEREAS, City and Owner, for their mutual benefit, now desire to enter into this
Agreement both to protect and preserve the characteristics of historical significance of the
Historical Site and to qualify the Historical Site for an assessment of valuation pursuant to the
provisions of Article 1.9, (commencing with Section 439) of Chapter 3 of Part 2 of Division 1 of
the California Revenue and Taxation Code (and as amended from time to time).
NOW THEREFORE, in consideration of the mutual benefits and covenants, City and Owner
agree as follows:
/,) -If
Page 2 of 6
Mills Act Contract
1. Compliance with Council Policy. Owner shall comply with Council Policy Number
454- 01 incorporated herein by this reference.
2. Standards for Historical Site. During the term of this Agreement, the Historic Site shall
be subject to the following conditions, requirements, and restrictions:
~ Owner should preserve and maintain the regulated characteristics of historical
significance ofthe Historic Site, and, where necessary and feasible, restore and
rehabilitate the property, in accordance with the rules and regulations published
by the Secretary of the Interior and as amended from time to time (Attachment
A). Work should be done in accordance with the attached schedule of potential
home improvements, drafted by the Owner (Attachment B).
£: Owner should maintain all buildings, structures, yards and other improvements in
a manner which does not detract from the appearance of the immediate
neighborhood. The following conditions are prohibited:
i. Dilapidated, deteriorating, or unrepaired structures, such as: fences, roofs,
doors, walls and windows;
11. Scrap lumber, junk, trash or debris.
111. Abandoned, discarded or unused objects or equipment, such as
automobiles, automobile parts, furniture, stoves, refrigerators, cans,
containers, or similar items;
iv. Stagnant water or excavations, including pools or spas;
v. Any device, decoration, design, structure or vegetation which is unsightly
by reason of its height, condition, or its inappropriate location.
~ Owner shall allow reasonable periodic examination of the Historic Site, by prior
appointment, if a request is made by representatives of the City of Chula Vista
Planning Department, County Assessor, State Department of Parks and
Recreation or the State Board of Equalization.
4: The owner shall allow visibility of the exterior of the structure from the public
right-of-way.
~ Should owner apply to the City for a permit for demolition, substantial exterior
alteration or removal of the Historic Site, Owner shall attend and participate in a
scheduled hearing regarding such application before the board or commission
designated by the City Council to oversee the City's historic resources prior to the
issuance of such permit, so long as such hearing is completed no longer than three
(3) weeks after owner submits such application to the City.
[ Notwithstanding the foregoing subparagraph 2.e, should Owner apply to the City
for a permit for the demolition, substantial exterior alteration or removal of the
Historic Site, Owner shall comply with all City and State of California
environmental regulations, policies and requirements prior to City issuance of the
requested permit.
3. Information of Compliance. Owner hereby agrees to furnish City with any and all
information requested by the City which the City deems necessary or advisable to
determine compliance with the terms and provisions of this Agreement.
4. Cancellation. City, following a duly noticed public hearing as set forth in California
Government Code Sections 50280, et seq., may cancel this Agreement if it determines
/~ -/e¡
Page 3 of 6
Mills Act Contract
that Owner has breached any of the conditions of this Agreement or has allowed the
property to deteriorate to the point that it no longer meets the City's or State's standards
for a qualified historic property. In addition, City may cancel this Agreement if it
determines that the Owner has failed to restore or rehabilitate the property in the manner
specified in subparagraph 2(a) of this Agreement, or has demolished, substantially altered
or removed the historic site. In the event of cancellation, Owner maybe subject to
payment of those cancellation fees set forth in California Government Code Section
50280, et seq.
5.
Enforcement of Agreement. In lieu of and/or in addition to any provisions related to
cancellation of the Agreement as referenced herein, City may specifically enforce or
enjoin the breach of the terms of this Agreement. In the event of a default under the
provisions of this Agreement by Owner, City will give written notice to Owner by
registered or certified mail addressed to the address stated in this Agreement, and if such
a violation is not corrected to the reasonable satisfaction of the City within thirty (30)
days (provided that acts to cure the breach or default must be commenced within thirty
(30) days and must thereafter be diligently pursued to completion by Owner), then City
may, without further notice, declare a default under the terms of this Agreement and may
bring any action necessary to specifically enforce the obligations of Owner growing out
of terms of this Agreement, apply to any court, state or federal for injunctive relief
against any violation by Owner or apply for such other relief as may be appropriate. City
does not waive any claim of default by Owner if City does not enforce or cancel this
Agreement. All other remedies of law or in equity which are not otherwise provided for
in this Agreement or in City's regulations governing historic sites are available to the
City to pursue in the event there is a breach of this Agreement. No waiver by City of any
breach or default under this Agreement shall be deemed to be a waiver of any other
subsequent breach thereof or default hereunder.
6. Binding Effects of Agreement. The Owner hereby subjects the Historic Site to the
covenants, reservations and restrictions as set forth in this Agreement. City and Owner
hereby declare their specific intent that the covenants, reservations, and restrictions as set
forth herein shall be deemed covenants running with the land and shall pass to and be
binding upon the Owner's successors and assigns in title or interest to the Historic Site.
Each and every contract, deed, or other instrument hereinafter executed, covering or
conveying the Historic Site, or any portion thereof, shall conclusively be held to have
been executed, delivered, and accepted subject to the covenants, reservations, and
restrictions expressed in this Agreement regardless of whether such covenants,
reservations, and restriction are set forth in such contract, deed, or other instrument. City
and Owner hereby declare their understanding and intent that the burden of the
covenants, reservations, and restrictions set forth herein, touch and concern the land, in
that Owner's legal interest in the Historic Site is rendered less valuable thereby. City and
Owner hereby further declare their understanding and intent that the benefit of such
covenants, reservations and restrictions, touch and concern the land by enhancing and
maintaining the historical characteristics and significance of the Historic Site for the
benefit of City, the public, and Owner.
A-~O
Page 4 of 6
Mills Act Contract
7.
Effective Date and Term of Agreement. This Agreement shall be effective and
commence on December 11, 2001 (but no earlier than approval of the agreement by the
City Council), and shall remain in effect for a term often (10) years thereafter. Each year
upon the anniversary of the effective date, such initial term will automatically be
extended as provided in paragraph 8 below.
8. Renewal. Each year on the anniversary of the effective date of this Agreement (the
"renewal date"), a year shall automatically be added to the initial term of this Agreement
unless notice of non-renewal is mailed as provided herein. If either Owner or City
desires in any year not to renew this Agreement, Owner or City shall serve written notice
of non-renewal on the other party in advance ofthe annual renewal date of the
Agreement. Unless such notice is served by Owner to City at least ninety (90) days prior
to the annual renewal date, or served by City to Owner at least sixty (60) days prior to the
annual renewal date, one (I) year shall automatically be added to the term of the
Agreement as provided herein. Upon receipt by Owner of a notice of non-renewal from
City, Owner may make a written protest of the notice. City may, at any time prior to the
annual renewal date of the Agreement, withdraw its notice of non-renewal. Ifeither City
or Owner serves notice to the other of non-renewal in any year, the Agreement shall
remain in effect for the balance of the term then remaining, either from its original
execution or from the last renewal of the Agreement, whichever may apply.
9. Notice. Any notice required to be given by the terms of this Agreement shall be provided
at the address of the respective parties as specified below or at any other address as may
be later specified by either party.
To City:
City ofChula Vista
Attention: Director of Planning & Building
276 Fourth Avenue
Chula Vista, CA 91910
To Owner(s): Glenda Devaney
200 "K" Street
Chula Vista, CA. 91910
/~ - --< I
10. General Provisions.
a. None of the terms, provisions, or conditions ofthis Agreement shall be deemed to
create a partnership between the parties and any of their heirs, successors, or
assigns, nor shall such terms, provisions, or conditions cause them to be
considered joint ventures or members of any joint enterprise.
Ovmer agrees to and shall hold City and its elected officials, officers, agents, and
employees harmless from liability for damage or claims for damage for personal
injuries, including death, and claims for property damage which may arise from
the direct or indirect use of operations of Owner or those of his or her contractor,
subcontractor, agent, employee or other person acting on his or her behalf which
relate to the use, operation, and maintenance of the Historic Site. Owner hereby
agrees to and shall defend the City and its elected Officials, officers, agents, and
employees with respect to any and all actions for damages caused by, or alleged
to have been caused by, reasons of Owner's activities in connection with the
Historic Site. This hold harmless provision applies to all damages and claims for
damages suffered, or alleged to have been suffered, by reason of the operations
referred to in this Agreement regardless of whether or not the City prepared,
supplied, or approved the plans, specifications, or other documents for the
Historic Site.
All of the agreements, rights, covenants, reservations, and restrictions contained
in this Agreement shall be binding upon and shall inure to the benefit of the
parties herein, their heirs, successors, legal representatives, assigns and all persons
acquiring any part or portion of the Historical Site, whether by operation of law or
in any manner whatsoever.
In the event that any of the provisions of this Agreement are held to be
unenforceable or invalid by any court of competent jurisdiction, or by subsequent
preemptive legislation, the validity and enforceability of the remaining provisions,
or portions thereof, shall not be effected thereby.
This Agreement shall not take effect unless and until Owner's signature is
notarized by a notary public. Furthermore, if an agent or representative of Owner
signs this Agreement on behalf of Owner, the agent or representative must furnish
proof, to the satisfaction of City, that the agent or representative has authority to
act on Owner's behalf.
This Agreement shall be construed and governed in accordance with the laws of
the State of CalifornÏa.
Page 5 of 6
Mills Act Contract
b.
c.
d.
e.
f.
lL Recordation. No later than twenty (20) days after the parties execute and enter into this
Agreement, City shall cause this Agreement to be recorded in the office of the County
Recorder of the County of San Diego.
12. Amendments. This Agreement may be amended only by a written and recorded
instrument executed by the parties hereto
/..¿ - ~A
Page 6 of 6
Mills Act Contract
SIGNATURE PAGE TO MILLS ACT AGREEMENT FOR:
200 "K" Street Chula Vista, CA 91910
CITY OF CHULA VISTA
OWNER(S) OF RECORD
Date:
Date:
Approved:
Shirley Horton, Mayor
By:
(Notarized Signature)
Date:
Date:
Attest:
Susan Bigelow, City Clerk
By:
(Notarized Signature)
Date:
Approved as to form:
John Kaheny, City Attorney
OWNERS PLEASE HAVE NOTARY PUBLIC ATTACH A SEPARATE PROOF OF
NOT AR Y PAGE WITH SIGNATURE AND SEAL.
/~ ' ~.j
A TT ACHMENT "A"
SECRETARY OF THE INTERIOR STANDARDS FOR RESTORA nON AND
REHABILITATION OF HISTORIC STRUCTURES
I.
A property shall be used for its historic purpose or be placed in a new use that requires
minimal change to the defining characteristics of the building and its site and
environment.
2.
The historic character of a property shall be retained and preserved. The removal of
historic materials or alterations of features åIld spaces that characterize a property shall be
avoided.
3.
Each property shall be recognized as a physical record of its time, place, and use.
Changes that create a false sense of historical development, such as adding conjectural
features or architectural elements from other buildings, shall not be undertaken.
4.
Most properties change over time; those changes that have acquired historic significance
in their own right shall be retained and preserved.
5.
Distinctive features, finishes, and construction techniques or examples of craftsmanship
that characterize a property shall be preserved.
6.
Deteriorated historic features shall be repaired rather than replaced. Where the severity of
deterioration requires replacement of a distinctive feature, the new feature shall match the
old in design, color, texture, and other visual qualities and, where possible, materials.
7.
Chemical or physical treatments, such as sandblasting, that cause damage to historic
materials shall not be used. The surface cleaning of structures, if appropriate, shall be
undertaken using the gentlest means possible.
8.
Significant archaeological resources affected by a project shall be protected and preserved.
If such resources must be disturbed, mitigation measures shall be undertaken.
9. New additions, exterior alterations, or related new construction shall not destroy historic
materials that characterize the property. The new work shall be differentiated from the old
and shall be compatible with the massing, size, scale, and architectural features to protect
the historic integrity of the property and its environment.
10. New additions and adjacent or related new construction shall be undertaken in such a
manner that if removed in the future, the essential form and integrity of the historic
property and its environment would be unimpaired.
/~ .-?c.f
A TT ACHMENT "B"
MILLS ACT AGREEMENT SUPPLEMENTAL
(To be completed by the Owner)
Please list, to the best of your knowledge, the improvements that have been made over
the past 10 years to maintain or rehabilitate this property.
IMPROVEMENT.
r~ ~ ~~'- ~~~ 'r.. L~~
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CO \~ Þ-ê~ ~ ~~ I Qu~~ (l~ Je~L
~~ ~~Of~~~~~
OD\"v~~ q ~~ ~ ~""
Please list the improvements and restorations that you intend to make over the next 10
years. List them in order of your priority based upon anticipated need for proper
maintenance.
YEAR
(\ "\
PRIORITY
\
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2
...J
.'::>
IMPROVEMENT /RESTORATIONS
~ ~ 'V\ ~ c~-J¿'>.. W Q.(2Q¿¡
,~~ tt~'-<øEY- ~
¡'\..(~..~'\.Q. ~ ~~ \Þ.- ..l~,,- ~
/\~'v'<V;;.A.>J<- '~~-'- ~;:) v.--. 2:l ,~
f~ ~ 'x.J_n........è.-£.~ v--- ú;> '^- c... '\Zé:¡¿ .
Ç)..~~.' (c~ ..\-.~ [U- "~
\ .. - O~
~Ìi~~~ ~ .. ..
\~~ ~~ ~
l\
rv
'l
8
OWNER CERTIFICATION:
I certify that I am presently the legal owner of the subject property. Further, I
acknowledge the supplemental information on this form will be used as an exhibit
attached to the Mills Act Agreement.
Date:
Signature:
~ - .J.S-
200 "K" Street
/~ -.¿(;
CHULA VISTA PLANNING AND BUILDING DEPARTMENT
LOCATOR Ä~~~I~~1T: "EL NIOO" THE MARY MILLER HOUSE PROJECT DESCRIPTION:
C) Ä~g~~;l: 665 DEL MAR AVENUE Mills Act ProQram Applicant
SCALE: I FILE NUMBER:
NORTH No Scale 573-260-04-00
h :Ihomelplanmngliocatorsl 12/03/01
/.,{-,{7
Recording Requested by and
Please Return /0:
City Clerk
City of Chula Vista
P.O. Box 1087
Chula Vista, CA 919]2
D
This Space for Recorder's Use Only
D
APN(s) 573-260-04-00
MILLS ACT AGREEMENT
For property located at 665 Del Mar Avenue, Chula Vista, CA 91910
THIS AGREEMENT is entered into by and between THE CITY OF CHULA VISTA, a
muhicipal corporation ("City") and Gloria Trumble and Kenneth A. La Vere and Deanna La V ere
("Owners").
RECITALS
WHEREAS, California Government Code Section 50280, et seq., referred to as the Mills
Act, authorized cities to enter into contracts with the owners of qualified historical properties to
provide for the use, maintenance, and restoration of such histprical properties so as to retain their
characteristics as properties of historical significance.
WHEREAS, Owner possesses fee title in and to that certain real property, together with
associated structures and improvements thereon, Assessor Parcel No. 573-260-04-00, and
generally located at the street address 665 Del Mar Avenue, Chula Vista, California, 91910, (the
"Historic Site").
WHEREAS, after a public hearing, the Chula Vista City Council declared and designated
the above property as Historical Site Number 33, pursuant to Chula Vista Municipal Code
Section 2.32.070. A-F.
WHEREAS, City and Owner, for their mutual benefit, now desire to enter into this
Agreement both to protect and preserve the characteristics of historical significance of the
Historical Site and to qualify the Historical Site for an assessment of valuation pursuant to the
provisions of Article 1.9, (commencing with Section 439) of Chapter 3 of Part 2 of Division I of
the California Revenue and Taxation Code (and as amended from time to time).
NOW THEREFORE, in consideration of the mutual benefits and covenants, City and Owner
agree as follows:
/ ---? -.,,< B
Page 2 of 6
Mills Act Contract
1. Compliance with Council Policy. Owner shall comply with Council Policy Number 454-
01 incorporated herein by this reference.
2. Standards for Historical Site. During the term of this Agreement, the Historic Site shall
be subject to the following conditions, requirements, and restrictions:
~ Owner should preserve and maintain the regulated characteristics of historical
significance of the Historic Site, and, where necessary and feasible, restore and
rehabilitate the property, in accordance with the rules and regulations published
by the Secretary of the Interior and as amended from time to time (Attachment
A). Work should be done in accordance with the attached schedule of potential
home improvements, drafted by the Owner (Attachment B).
Q, OviIler should maintain all buildings, structures, yards and other improvements in
a manner which does not detract from the appearance of the immediate
neighborhood. The following conditions are prohibited:
i. Dilapidated, deteriorating, or unrepaired structures, such as: fences, roofs,
doors, walls and windows;
ii. Scrap lumber, junk, trash or debris.
iii. Abandoned, discarded or unused objects or equipment, such as
automobiles, automobile parts, furniture, stoves, refrigerators, cans,
containers, or similar items;
iv. Stagnant water or excavations, including pools or spas;
v. Any device, decoration, design, structure or vegetation which is unsightly
by reason of its height, condition, or its inappropriate location.
~ Owner shall allow reasonable periodic examination of the Historic Site, by prior
appointment, if a request is made by representatives of the City of Chula Vista
Planning Department, County Assessor, State Department of Parks and
Recreation or the State Board of Equalization.
4: The owner shall allow visibility of the exterior of the structure from the public
right-of-way.
~ Should owner apply to the City for a permit for demolition, substantial exterior
alteration or removal of the Historic Site, Owner shall attend and participate in a
scheduled hearing regarding such application before the board or commission
designated by the City Council to oversee the City's historic resources prior to the
issuance of such permit, so long as such hearing is completed no longer than three
(3) weeks after owner submits such application to the City.
[ Notwithstal1ding the foregoing subparagraph 2.e, should Owner apply to the City
for a permit for the demolition, substantial exterior alteration or removal of the
Historic Site, Owner shall comply with all City and State of California
environmental regulations, policies and requirements prior to City issuance of the
requested permit.
3. Information of Compliance. Owner hereby agrees to furnish City with any and all
information requested by the City which the City deems necessary or advisable to
determine compliance with the terms and provisions of this Agreement.
/.,), -~ý
Page 3 of 6
Mills Act Contract
4. Cancellation. City, following a duly noticed public hearing as set forth in California
Government Code Sections 50280, et seq., may cancel this Agreement if it determines
that Owner has breached any of the conditions of this Agreement or has allowed the
property to deteriorate to the point that it no longer meets the City's or State's standards
for a qualified historic property. In addition, City may cancel this Agreement if it
determines that the Owner has failed to restore or rehabilitate the property in the manner
specified in subparagraph 2(a) of this Agreement, or has demolished, substantially altered
or removed the historic site. In the event of cancellation, Owner maybe subject to
payment of those cancellation fees set forth in California Government Code Section
50280, et seq.
5.
Enforcement of Agreement. In lieu of and/or in addition to any provisions related to
cancellation of the Agreement as referenced herein, City may specifically enforce or
enjoin the breach of the terms of this Agreement. In the event of a default under the
provisions of this Agreement by Owner, City will give written notice to Owner by
registered or certified mail addressed to the address stated in this Agreement, and if such
a violation is not corrected to the reasonable satisfaction of the City within thirty (30)
days (provided that acts to cure the breach or default must be commenced within thirty
(30) days and must thereafter be diligently pursued to completion by Owner), then City
may, without further notice, declare a default under the terms of this Agreement and may
bring any action necessary to specifically enforce the obligations of Owner growing out
of terms of this Agreement, apply to any court, state or federal for injunctive relief
against any violation by Owner or apply for such other relief as may be appropriate. City
does not waive any claim of default by Owner if City does not enforce or cancel this
Agreement. All other remedies of law or in equity which are not otherwise provided for
in this Agreement or in City's regulations governing historic sites are available to the
City to pursue in the event there is a breach of this Agreement. No waiver by City of any
breach or default under this Agreement shall be deemed to be a waiver of any other
subsequent breach thereof or default hereunder.
6. Binding Effects of Agreement. The Owner hereby subjects the Historic Site to the
covenants, reservations and restrictions as set forth in this Agreement. City and Owner
hereby declare their specific intent that the covenants, reservations, and restrictions as set
forth herein shall be deemed covenants running with the land and shall pass to and be
binding upon the Owner's successors and assigns in title or interest to the Historic Site.
Each and every contract, deed, or other instrument hereinafter executed, covering or
conveying the Historic Site, or any portion thereof, shall conclusively be held to have
been executed, delivered, and accepted subject to the covenants, reservations, and
restrictions expressed in this Agreement regardless of whether such covenants,
reservations, and restriction are set forth in such contract, deed, or other instrument. City
and Owner hereby declare their understanding and intent that the burden of the
covenants, reservations, and restrictions set forth herein, touch and concern the land, in
that Owner's legal interest in the Historic Site is rendered less valuable thereby. City and
Owner hereby further declare their understanding and intent that the benefit of such
covenants, reservations and restrictions, touch and concern the land by enhancing and
/0( - jf)
Page 4 of 6
Mills Act Contract
maintaining the historical characteristics and significance of the Historic Site for the
benefit of City, the public, and Owner.
7. Effective Date and Term of Agreement. This Agreement shall be effective and
commence on December 11, 2001 (but no earlier than approval of the agreement by the
City Council), and shall remain in effect for a term often (10) years thereafter. Each year
upon the anniversary of the effective date, such initial term will automatically be
extended as provided in paragraph 8 below.
8. Renewal. Each year on the anniversary of the effective date of this Agreement (the
"renewal date"), a year shall automatically be added to the initial term of this Agreement
unless notice of non-renewal is mailed as provided herein. If either Owner or City
desires in any year not to renew this Agreement, Owner or City shall serve written notice
of non-renewal on the other party in advance of the annual renewal date of the
Agreement. Unless such notice is served by Owner to City at least ninety (90) days prior
to the annual renewal date, or served by City to Owner at least sixty (60) days prior to the
annual renewal date, one (1) year shall automatically be added to the term of the
Agreement as provided herein. Upon receipt by Owner of a notice of non-renewal from
City, Owner may make a written protest of the notice. City may, at any time prior to the
annual renewal date of the Agreement, withdraw its notice of non-renewal. If either City
or Owner serves notice to the other of non-renewal in any year, the Agreement shall
remain in effect for the balance of the term then remaining, either from its original
execution or from the last renewal of the Agreement, whichever may apply.
9. Notice. Any notice required to be given by the terms of this Agreement shall be provided
at the address of the respective parties as specified below or at any other address as may
be later specified by either party.
To City:
City ofChula Vista
Attention: Director of Planning & Building
276 Fourth Avenue
Chula Vista, CA 91910
To Owner(s): Gloria Trumble
665 Del Mar Avenue
Chula Vista, CA 91910
/..1- j/
10. General Provisions.
a. None of the terms, provisions, or conditions of this Agreement shall be deemed to
create a partnership between the parties and any of their heirs, successors, or
assigns, nor shall such terms, provisions, or conditions cause them to be
considered joint ventures or members of any joint enterprise.
Owner agrees to and shall hold City and its elected officials, officers, agents, and
employees harmless from liability for damage or claims for damage for personal
injuries, including death, and claims for property damag'e which may arise from
the direct or indirect use of operations of Owner or those of his or her contractor,
subcontractor, agent, employee or other person acting on his or her behalf which
relate to the use, operation, and maintenance of the Historic Site. Owner hereby
agrees to and shall defend the City and its elected Officials, officers, agents, and
employees with respect to any and all actions for damages caused by, or alleged
to have been caused by, reasons of Owner's activities in connection with the
Historic Site. This hold harmless provision applies to all damages and claims for
damages suffered, or alleged to have been suffered, by reason of the operations
referred to in this Agreement regardless of whether or not the City prepared,
supplied, or approved the plans, specifications, or other documents for the
Historic Site.
All ofthe agreements, rights, covenants, reservations, and restrictions contained
in this Agreement shall be binding upon and shall inure to the benefit of the
parties herein, their heirs, successors, legal representatives, assigns and all persons
acquiring any part or portion of the Historical Site, whether by operation of law or
in any manner whatsoever.
In the event that any of the provisions of this Agreement are held to be
unenforceable or invalid by any court of competent jurisdiction, or by subsequent
preemptive legislation, the validity and enforceability of the remaining provisions,
or portions thereof, shall not be effected thereby.
This Agreement shall not take effect unless and until Owner's signature is
notarized by a notary public. Furthermore, if an agent or representative of Owner
signs this Agreement on behalf of Owner, the agent or representative must furnish
proof, to the satisfaction of City, that the agent or representative has authority to
act on Owner's behalf.
This Agreement shall be construed and governed in accordance with the laws of
the State of CalifornÏa.
Page50f6
Miíls Act Contract
b.
c.
d.
e.
f.
lL Recordation. No later than twenty (20) days after the parties execute and enter into this
Agreement City shall cause this Agreement to be recorded in the office of the County
Recorder of the County of San Diego.
12. Amendments. This Agreement may be amended only by a written and recorded
instrument executed by the parties hereto
/~ - j~
Page 6 of 6
Mills Act Contract
SIGNATURE PAGE TO MILLS ACT AGREEMENT FOR
665 Del Mar Avenue, Chula Vista, CA 91910
CITY OF CHULA VISTA
OWNER(S) OF RECORD
Date:
Date:
Approved:
Shirley Horton, Mayor
By:
(Notarized Signature)
Date:
Date:
Attest:
Susan Bigelow, City Clerk
By:
(Notarized Signature)
Date:
Approved as to form:
John Kaheny, City Attorney
OWNERS PLEASE HAVE NOTARY PUBLIC ATTACH A SEPARATE PROOF OF
NOTARY PAGE WITH SIGNATURE AND SEAL.
/,(:3:3
ATTACHMENT "A"
SECRETARY OF THE INTERIOR STANDARDS FOR RESTORATION AND
REHABILITATION OF HISTORIC STRUCTURES
I.
A property shall be used for its historic purpose or be placed in a new use that requires
minimal change to the defining characteristics of the building and its site and
environment.
2.
The historic character of a property shall be retained and preserved. The removal of
historic materials or alterations of features and spaces that characterize a property shall be
avoided.
3.
Each property shall be recognized as a physical record of its time, place, and use.
Changes that create a false sense of historical development, such as adding conjectural
features or architectural elements from other buildings, shall not be undertaken.
4.
Most properties change over time; those changes that have acquired historic significance
in their own right shall be retained and preserved.
5.
Distinctive features, finishes, and construction techniques or examples of craftsmanship
that characterize a property shall be preserved.
6.
Deteriorated historic features shall be repaired rather than replaced. Where the severity of
deterioration requires replacement of a distinctive feature, the new feature shall match the
old in design, color, texture, and other visual qualities and, where possible, materials.
7.
Chemical or physical treatments, such as sandblasting, that cause damage to historic
materials shall not be used. The surface cleaning of structures, if appropriate, shall be
undertaken using the gentlest means possible.
8.
Significant archaeological resources affected by a project shall be protected and preserved.
If such resources must be disturbed, mitigation measures shall be undertaken.
9. New additions, exterior alterations, or related new construction shall not destroy historic
materials that characterize the property. The new work shall be differentiated from the old
and shall be compatible with the massing, size, scale, and architectural features to protect
the historic integrity of the property and its environment.
10. New additions and adjacent or related new construction shall be undertaken in such a
manner that if removed in the future, the essential form and integrity of the historic
property and its environment would be unimpaired.
/..?-jcf
A TT ACHMENT "B"
MILLS ACT AGREEMENT SUPPLEMENTAL
(To be completed by the Owner)
Please list, to the best of your knowledge, the improvements that have been made over
the past I 0 years to maintain or rehabilitate this property.
YEAR
C(b
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q~
IMPROVEMENT
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/IIeUJ e(.ect~¡c,-( .
r£,rJfo¡^(-I~Jd foo+IAIY;
Please list the improvements and restorations that you intend to make over the next 10
years. List them in order of your priority based upon anticipated need for proper
maintenance.
PRIORITY
/
1
IMPROVEMENT /RESTORATIONS
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OWNER CERTIFICATION:
I certify that I am presently the legal owner of the subject property. Further, I
acknowledge the supplemental information on this form will be used as an exhibit
attached to the Mills Act Agreement.
Date:
Sie;nature:
/~-3S-
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CHULA VISTA PLANNING AND BUILDING DEPARTMENT
LOCATOR Ä~~~,~k: VE:RONICA LUGO PROJECT OESCRIPTlON:
C) PROJECT 224 FIG AVENUE MILLS ACT PROGRAM APPLICANT
ADDRESS: '
SCALE: I F".- ~UMB=R:
NORTH No Scale 568-012-08-00
h.lhomelplanntngllocators 11/12/01
/~-31
ATTACHMENT 1
Recording Requested by and
Please Return 10:
City Clerk
City ofChula Vista
P.O. Box 1087
Chula Vista, CA 91912
D
This Space for Recorder's Use Only
D
APN(s) 568-012-08-00
MILLS ACT AGREEMENT
For property located at 224 Fig Avenue, Chula Vista, CA 91910
THIS AGREEMENT is entered into by and between THE CITY OF CHULA VISTA, a
municipal corporation ("City") and Veronica Lugo ("Owner").
RECITALS
WHEREAS, CalifornÏa Government Code Section 50280, et seq., referred to as the Mills
Act, authorized cities to enter into contracts with the owners of qualified historical properties to
provide for the use, maintenance, and restoration of such historical properties so as to retain their
characteristics as properties of historical significance.
WHEREAS, Owner possesses fee title in and to that certain real property, together with
associated structures and improvements thereon, Assessor Parcel No. 568-012-08-00, and
generally located at the street address 224 Fig Avenue, Chula Vista, California, 91910, (the
"Historic Site").
WHEREAS, on December 4, 2001, after a public hearing, the Chula Vista City Council
declared and designated the above property as Historical Site Number 48, pursuant to Chula
Vista Municipal Code Section 2.32.070. A-F.
WHEREAS, City and Owner, for their mutual benefit, now desire to enter into this
Agreement both to protect and preserve the characteristics of historical significance of the
Historical Site and to qualify the Historical Site for an assessment of valuation pursuant to the
provisions of Article 1.9, (commencing with Section 439) of Chapter 3 of Part 2 of Division I of
the CalifornÏa Revenue and Taxation Code (and as amended from time to time).
NOW THEREFORE, in consideration of the mutual benefits and covenants, City and Owner
agree as follows:
/~ -.3-8
Page 2 of 6
Mills Act Contract
1. Compliance with Council Policy. Owner shall comply with Council Policy Number 454-
01 incorporated herein by this reference.
2. Standards for Historical Site. During the term of this Agreement, the Historic Site shall
be subject to the following conditions, requirements, and restrictions:
~ Owner should preserve and maintain the regulated characteristics of historical
significance of the Historic Site, and, where necessary and feasible, restore and
rehabilitate the property, in accordance with the rules and regulations published
by the Secretary of the Interior and as amended from time to time (Attachment
A). Work should be done in accordance with the attached schedule of potential
home improvements, drafted by the Owner (Attachment B).
Q, Owner should maintain all buildings, structures, yards and other improvements in
a manner which does not detract from the appearance ofthe immediate
neighborhood. The following conditions are prohibited:
i. Dilapidated, deteriorating, or unrepaired structures, such as: fences, roofs,
doors, walls and windows;
ii. Scrap lumber, junk, trash or debris.
iii. Abandoned, discarded or unused objects or equipment, such as
automobiles, automobile parts, furniture, stoves, refrigerators, cans,
containers, or similar items;
IV. Stagnant water or excavations, including pools or spas;
v. Any device, decoration, design, structure or vegetation which is unsightly
by reason of its height, condition, or its inappropriate location.
~ Owner shall allow reasonable periodic examination of the Historic Site, by prior
appointment, if a request is made by representatives of the City of Chula Vista
Planning Department, County Assessor, State Department of Parks and
Recreation or the State Board of Equalization.
4: The owner shall allow visibility of the exterior of the structure from the public
right-of-way.
~ Should owner apply to the City for a permit for demolition, substantial exterior
alteration or removal of the Historic Site, Owner shall attend and participate in a
scheduled hearing regarding such application before the board or commission
designated by the City Council to oversee the City's historic resources prior to the
issuance of such permit, so long as such hearing is completed no longer than three
(3) weeks after owner submits such application to the City.
[ Notwithstanding the foregoing subparagraph 2.e, should Owner apply to the City
for a permit for the demolition, substantial exterior alteration or removal of the
Historic Site, Owner shall comply with all City and State of California
environmental regulations, policies and requirements prior to City issuance of the
requested permit.
3. Information of Compliance. Owner hereby agrees to furnish City with any and all
information requested by the City which the City deems necessary or advisable to
determine compliance with the terms and provisions of this Agreement.
4. Cancellation. City, following a duly noticed public hearing as set forth in California
Government Code Sections 50280, et seq., may cancel this Agreement if it determines
/~ -;j J
Page 3 of 6
Mills Act Contract
that Owner has breached any of the conditions of this Agreement or has allowed the
property to deteriorate to the point that it no longer meets the City's or State's standards
for a qualified historic property. In addition, City may cancel this Agreement if it
determines that the Owner has failed to restore or rehabilitate the property in the manner
specified in subparagraph 2(a) of this Agreement, or has demolished, substantially altered
or removed the historic site. In the event of cancellation, Owner maybe subject to
payment of those cancellation fees set forth in California Government Code Section
50280, et seq.
5.
Enforcement of Agreement. In lieu of and/or in addition to any provisions related to
cancellation of the Agreement as referenced herein, City may specifically enforce or
enjoin the breach ofthe terms of this Agreement. In the event of a default under the
provisions of this Agreement by Owner, City will give written notice to Owner by
registered or certified mail addressed to the address stated in this Agreement, and if such
a violation is not corrected to the reasonable satisfaction of the City within thirty (30)
days (provided that acts to cure the breach or default must be commenced within thirty
(30) days and must thereafter be diligently pursued to completion by Owner), then City
may, without further notice, declare a default under the terms of this Agreement and may
bring any action necessary to specifically enforce the obligations of Owner growing out
of terms of this Agreement, apply to any court, state or federal for injunctive relief
against any violation by Owner or apply for such other relief as may be appropriate. City
does not waive any claim of default by Owner if City does not enforce or cancel this
Agreement. All other remedies of law or in equity which are not otherwise provided for
in this Agreement or in City's regulations governing historic sites are available to the
City to pursue in the event there is a breach of this Agreement. No waiver by City of any
breach or default under this Agreement shall be deemed to be a waiver of any other
subsequent breach thereof or default hereunder.
6. Binding Effects of Agreement. The Owner hereby subjects the Historic Site to the
covenants, reservations and restrictions as set forth in this Agreement. City and Owner
hereby declare their specific intent that the covenants, reservations, and restrictions as set
forth herein shall be deemed covenants running with the land and shall pass to and be
binding upon the Owner's successors and assigns in title or interest to the Historic Site.
Each and every contract, deed, or other instrument hereinafter executed, covering or
conveying the Historic Site, or any portion thereof, shall conclusively be held to have
been executed, delivered, and accepted subject to the covenants, reservations, and
restrictions expressed in this Agreement regardless of whether such covenants,
reservations, and restriction are set forth in such contract, deed, or other instrument. City
and Owner hereby declare their understanding and intent that the burden of the
covenants, reservations, and restrictions set forth herein, touch and concern the land, in
that Owner's legal interest in the Historic Site is rendered less valuable thereby. City and
Owner hereby further declare their understanding and intent that the benefit of such
covenants, reservations and restrictions, touch and concern the land by enhancing and
maintaining the historical characteristics and significance of the Historic Site for the
benefit of City, the public, and Owner.
/.,f-t/o
Page 4 of 6
Mills Act Contract
7.
Effective Date and Term of Agreement. This Agreement shall be effective and
commence on December 11, 2001 (but no earlier than approval of the agreement by the
City Council), and shall remain in effect for a term of ten (10) years thereafter. Each year
upon the anniversary of the effective date, such initial term will automatically be
extended as provided in paragraph 8 below.
8. Renewal. Each year on the anniversary of the effective date of this Agreement (the
"renewal date"), a year shall automatically be added to the initial term of this Agreement
unless notice of non-renewal is mailed as provided herein. If either Owner or City
desires in any year not to renew this Agreement, Owner or City shall serve written notice
of non-renewal on the other party in advance of the annual renewal date of the
Agreement. Unless such notice is served by Owner to City at least ninety (90) days prior
to the annual renewal date, or served by City to Owner at least sixty (60) days prior to the
annual renewal date, one (I) year shall automatically be added to the term ofthe
Agreement as provided herein. Upon receipt by Owner of a notice of non-renewal from
City, Owner may make a written protest of the notice. City may, at any time prior to the
annual renewal date of the Agreement, withdraw its notice of non-renewal. If either City
or Owner serves notice to the other of non-renewal in any year, the Agreement shall
remain in effect for the balance ofthe term then remaining, either from its original
execution or from the last renewal of the Agreement, whichever may apply.
9. Notice. Any notice required to be given by the terms of this Agreement shall be provided
at the address of the respective parties as specified below or at any other address as may
be later specified by either party.
To City:
City ofChula Vista
Attention: Director of Planning & Building
276 Fourth Avenue
Chula Vista, CA 91910
To Owner(s): Veronica Lugo
224 Fig Avenue
Chula Vista, CA 91910
/ø1 -t¡. /
10. General Provisions.
a. None ofthe terms, provisions, or conditions of this Agreement shall be deemed to
create a partnership between the parties and any of their heirs, successors, or
assigns, nor shall such terms, provisions, or conditions cause them to be
considered joint ventures or members of any joint enterprise.
Owner agrees to and shall hold City and its elected officials, officers, agents, and
employees harmless from liability for damage or claims for damage for personal
injuries, including death, and claims for property damage which may arise from
the direct or indirect use of operations of Owner or those of his or her contractor,
subcontractor, agent, employee or other person acting on his or her behalf which
relate to the use, operation, and maintenance of the Historic Site. Owner hereby
agrees to and shall defend the City and its elected Officials, officers, agents, and
employees with respect to any and all actions for damages caused by, or alleged
to have been caused by, reasons of Owner's activities in connection with the
Historic Site. This hold harmless provision applies to all damages and claims for
damages suffered, or alleged to have been suffered, by reason of the operations
referred to in this Agreement regardless of whether or not the City prepared,
supplied, or approved the plans, specifications, or other documents for the
Historic Site.
All of the agreements, rights, covenants, reservations, and restrictions contained
in this Agreement shall be binding upon and shall inure to the benefit of the
parties herein, their heirs, successors, legal representatives, assigns and all persons
acquiring any part or portion of the Historical Site, whether by operation of law or
in any manner whatsoever.
In the event that any of the provisions of this Agreement are held to be
unenforceable or invalid by any court of competent jurisdiction, or by subsequent
preemptive legislation, the validity and enforceability ofthe remaining provisions,
or portions thereof, shall not be effected thereby.
This Agreement shall not take effect unless and until Owner's signature is
notarized by a notary public. Furthermore, if an agent or representative of Owner
signs this Agreement on behalf of Owner, the agent or representative must furnish
proof, to the satisfaction of City, that the agent or representative has authority to
act on Owner's behalf.
This Agreement shall be construed and governed in accordance with the laws of
the State of California.
Page 5 of 6
Mills Act Contract
b.
c.
d.
e.
f.
11. Recordation. No later than twenty (20) days after the parties execute and enter into this
Agreement, City shall cause this Agreement to be recorded in the office of the County
Recorder of the County of San Diego.
.!b Amendments. This Agreement may be amended only by a written and recorded
instrument executed by the parties hereto
/~ -¥~
Page 6 of6
Mills Act Contract
SIGNATURE PAGE TO MILLS ACT AGREEMENT FOR
224 Fig Avenue, Chula Vista, CA 91910
CITY OF CHULA VISTA
OWNER(S) OF RECORD
Date:
Date:
Approved:
Shirley Horton, Mayor
By:
(Notarized Signature)
Date:
Date:
Attest:
Susan Bigelow, City Clerk
By:
(Notarized Signature)
Date:
Approved as to form:
John Kaheny, City Attorney
OWNERS PLEASE HAVE NOTARY PUBLIC ATTACH A SEPARATE PROOF OF
NOTARY PAGE WITH SIGNATURE AND SEAL.
/...? - Y ~
ATTACHMENT "A"
SECRETARY OF THE INTERIOR STANDARDS FOR RESTORATION AND
REHABILITATION OF HISTORIC STRUCTURES
1.
A property shall be used for its historic purpose or be placed in a new use that requires
minimal change to the defining characteristics of the building and its site and
environment.
2.
The historic character of a property shall be retained and preserved. The removal of
historic materials or alterations of features and spaces that characterize a property shall be
avoided.
3.
Each property shall be recognized as a physical record of its time, place, and use.
Changes that create a false sense of historical development, such as adding corljectural
features or architectural elements from other buildings, shall not be undertaken.
4.
Most properties change over time; those changes that have acquired historic significance
in their own right shall be retained and preserved.
5.
Distinctive features, finishes, and construction techniques or examples of craftsmanship
that characterize a property shall be preserved.
6.
Deteriorated historic features shall be repaired rather than replaced. Where the severity of
deterioration requires replacement of a distinctive feature, the new feature shall match the
old in design, color, texture, and other visual qualities and, where possible, materials.
7.
Chemical or physical treatments, such as sandblasting, that cause damage to historic
materials shall not be used. The surface cleaning of structures, if appropriate, shall be
undertaken using the gentlest means possible.
8.
Significant archaeological resources affected by a project shall be protected and preserved.
If such resources must be disturbed, mitigation measures shall be undertaken.
9. New additions, exterior alterations, or related new construction shall not destroy historic
materials that characterize the property. The new work shall be differentiated from the old
and shall be compatible with the massing, size, scale, and architectural features to protect
the historic integrity of the property and its environment.
10. New additions and adjacent or related new construction shall be undertaken in such a
manner that if removed in the future, the essential form and integrity of the historic
property and its environment would be unimpaired.
/-?-t/4-
ATTACHMENT "B"
MILLS ACT AGREEMENT SUPPLEMENTAL
(To be completed by the Owner)
Please list, to the best of your knowledge, the improvements that have been made over
the past I 0 years to maintain or rehabilitate this property.
YEAR IMPROVEMENT
ól.DDO "'l.PEJrcdeoL -þlAse bvi -h> C'{"'-~Mì+ Þn(Äh..ers
\ :qo¡ -:Rc.. - IDo-Pe-ot ~~';,~~d ð<>'1'(Ä(:jt:-
I Cj 1 í2.c-P¡ \'ì'I::.kd tì2eP(ÄÎ r-e..c;j DYÌc.r1 ncJJ l-\7DocI +tw:s
t..n b ed...--DDyY\S (j
12cp""red.ç¡ýe..oLlÄce \D(Äl.\. Cn+eriif)
Please list the improvements and restorations that you intend to make over the next 10
years. List them in order of your priority based upon anticipated need for proper
maintenance.
~
PRIORITY
2-
.3
IMPROVEMENT /RESTORATIONS
U PjíGlck ;rk<[YlbInS
Z'..IèC-t-rìc.cJ) ~1N; ri ng
Qe-Finì~h
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4-
kc..{LWL ì n+ h CìlA5e CVì 0\ l!A:mL.pJ e ~
Dk m c~d ð (),.rCA(j/ I ðlllt5-t rwm prL(jec+
~c--l2-DO+-
G¡enerc.cQ íYìCli n-t-e..nanc...e... -Tv 'I nûlAd..e-
~~5c.(Ã\O ì (} ;:>
I certify that I am presently the legal owner of the subject property. Further, I
acknowledge the supplemental information on this form will be used as an exhibit
attached to the Mills Act Agreement.
5
l.ç
OWNER CERTIFICATION:
Date:
Signature:
/-1 - '1'5
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.
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PROJECT
LOCATION
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EUCALYPTUS
GROVE
APARTMENTS
CHULA VISTA PLANNING AND BUILDING DEPARTMENT
LOCATOR Ä~~~I~~1T: THE LEO CHRISTY HOUSE PROJECT DESCRIPTION:
C) PROJECT 124 HILLTOP DRIVE Mills Act Program Applicant
AOORESS: SCALE: I FILE NUMBER:
NORTH No Scale 570-311-08-00
h:\homelplanningllocatorsl 12/03/01
A- If?
Recording Requested by and
Please Return to:
City Clerk
City ofChula Vista
P.O. Box 1087
Chula Vista, CA 91912
D
This Space for Recorder's Use Only
D
APN(s) 570-311-08-00
MILLS ACT AGREEMENT
F or property located at 124 Hilltop Drive, Chula Vista, CA 919 I 0
THIS AGREEMENT is entered into by and between THE CITY OF CHULA VISTA, a
municipal corporation ("City") and John D. Parks and Nancy M. Parks ("Owners").
RECITALS
WHEREAS, California Government Code Section 50280, et seq., referred to as the Mills
Act, authorized cities to enter into contracts with the owners of qualified historical properties to
provide for the use, maintenance, and restoration of such historical properties so as to retain their
characteristics as properties of historical significance.
WHEREAS, Owner possesses fee title in and to that certain real property, together with
associated structures and improvements thereon, Assessor Parcel No. 570-311-08-00, and
generally located at the street address 124 Hilltop Drive, Chula Vista, California, 91910, (the
"Historic Site").
WHEREAS, after a public hearing, the Chula Vista City Council declared and designated
the above property as Historical Site Number 25, pursuant to ChulaVista Municipal Code
Section 2.32.070. A-F.
WHEREAS, City and Owner, for their mutual benefit, now desire to enter into this
Agreement both to protect and preserve the characteristics of historical significance of the
Historical Site and to qualify the Historical Site for an assessment of valuation pursuant to the
provisions of Article 1.9, (commencing with Section 439) of Chapter 3 of Part 2 of Division 1 of
the California Revenue and Taxation Code (and as amended from time to time).
NOW THEREFORE, in consideration of the mutual benefits and covenants, City and Owner
agree as follows:
A-Yf/
Page 2 of 6
Mills Act Contract
1. Compliance with Council Policy. Owner shall comply with Council Policy Number 454-
01 incorporated herein by this reference.
2. Standards for Historical Site. During the term ofthis Agreement, the Historic Site shall
be subject to the following conditions, requirements, and restrictions:
.<!, Owner should preserve and maintain the regulated characteristics of historical
significance of the Historic Site, and, where necessary and feasible, restore and
rehabilitate the property, in accordance with the rules and regulations published
by the Secretary of the Interior and as amended from time to time (Attachment
A). Work should be done in accordance with the attached schedule of potential
home improvements, drafted by the Owner (Attachment B).
£: Owner should maintain all buildings, structures, yards and other improvements in
a manner which does not detract from the appearance of the immediate
neighborhood. The following conditions are prohibited:
i. Dilapidated, deteriorating, or unrepaired structures, such as: fences, roofs,
doors, walls and windows;
ii. Scrap lumber, junk, trash or debris.
iii. Abandoned, discarded or unused objects or equipment, such as
automobiles, automobile parts, furniture, stoves, refrigerators, cans,
containers, or similar items;
iv. Stagnant water or excavations, including pools or spas;
v. Any device, decoration, design, structure or vegetation which is unsightly
by reason of its height, condition, or its inappropriate location.
~ Owner shall allow reasonable periodic examination of the Historic Site, by prior
appointment, if a request is made by representatives of the City of Chula Vista
Planning Department, County Assessor, State Department of Parks and
Recreation or the State Board of Equalization.
Q, The owner shall allow visibility of the exterior of the structure from the public
right-of-way.
~ Should owner apply to the City for a permit for demolition, substantial exterior
alteration or removal of the Historic Site, Owner shall attend and participate in a
scheduled hearing regarding such application before the board or commission
designated by the City Council to oversee the City's historic resources prior to the
issuance of such permit, so long as such hearing is completed no longer than three
(3) weeks after owner submits such application to the City.
[ Notwithstanding the foregoing subparagraph 2.e, should Owner apply to the City
for a permit for the demolition, substantial exterior alteration or removal of the
Historic Site, Owner shall comply with all City and State of California
environmental regulations, policies and requirements prior to City issuance of the
requested permit.
3. Information of Compliance. Owner hereby agrees to furnish City with any and all
information requested by the City which the City deems necessary or advisable to
determine compliance with the terms and provisions of this Agreement.
4. Cancellation. City, following a duly noticed public hearing as set forth in California
Government Code Sections 50280, et seq., may cancel this Agreement if it determines
/.1-9'7
Page 3 of 6
Mills Act Contract
that Owner has breached any of the conditions of this Agreement or has allowed the
. property to deteriorate to the point that it no longer meets the City's or State's standards
for a qualified historic property. In addition, City may cancel this Agreement if it
determines that the Owner has failed to restore or rehabilitate the property in the manner
specified in subparagraph 2(a) ofthis Agreement, or has demolished, substantially altered
or removed the historic site. In the event of cancellation, Owner maybe subject to
payment of those cancellation fees set forth in California Government Code Section
50280, et seq.
5. Enforcement of Agreement. In lieu of and/or in addition to any provisions related to
cancellation of the Agreement as referenced herein, City may specifically enforce or
enjoin the breach of the terms of this Agreement. In the event of a default under the
provisions of this Agreement by Owner, City will give written notice to Owner by
registered or certified mail addressed to the address stated in this Agreement, and if such
a violation is not corrected to the reasonable satisfaction of the City within thirty (30)
days (provided that acts to cure the breach or default must be commenced within thirty
(30) days and must thereafter be diligently pursued to completion by Owner), then City
may, without further notice, declare a default under the terms of this Agreement and may
bring any action necessary to specifically enforce the obligations of Owner growing out
of terms of this Agreement, apply to any court, state or federal for injunctive relief
against any violation by Owner or apply for such other relief as may be appropriate. City
does not waive any claim of default by Owner if City does not enforce or cancel this
AgTeement. All other remedies of law or in equity which are not otherwise provided for
in this Agreement or in City's regulations governing historic sites are available to the
City to pursue in the event there is a breach of this Agreement. No waiver by City of any
breach or default under this Agreement shall be deemed to be a waiver of any other
subsequent breach thereof or default hereunder.
6. Binding Effects of Agreement. The Owner hereby subjects the Historic Site to the
covenants, reservations and restrictions as set forth in this Agreement. City and Owner
hereby declare their specific intent that the covenants, reservations, and restrictions as set
forth herein shall be deemed covenants running with the land and shall pass to and be
binding upon the Owner's successors and assigns in title or interest to the Historic Site.
Each and every contract, deed, or other instrument hereinafter executed, covering or
conveying the Historic Site, or any portion thereof, shall conclusively be held to have
been executed, delivered, and accepted subject to the covenants, reservations, and
restrictions expressed in this Agreement regardless of whether such covenants,
reservations, and restriction are set forth in such contract, deed, or other instrument. City
and Owner hereby declare their understanding and intent that the burden of the
covenants, reservations, and restrictions set forth herein, touch and concern the land, in
that Owner's legal interest in the Historic Site is rendered less valuable thereby. City and
Owner hereby further declare their understanding and intent that the benefit of such
covenants, reservations and restrictions, touch and concern the land by enhancing and
. maintaining the historical characteristics and significance of the Historic Site for the
benefit of City, the public, and Owner.
/-?-5[)
Page 4 of 6
Mills Act Contract
7. Effective Date and Term of Agreement. This Agreement shall be effective and
commence on December II, 200 I (but no earlier than approval of the agreement by the
City Council), and shall remain in effect for a term often (10) years thereafter. Each year
upon the anniversary of the effective date, such initial term will automatically be
extended as provided in paragraph 8 below.
8. Renewal. Each year on the anniversary of the effective date of this Agreement (the
"renewal date"), a year shall automatically be added to the initial term of this Agreement
unless notice of non-renewal is mailed as provided herein. If either Owner or City
desires in any year not to renew this Agreement, Owner or City shall serve written notice
of non-renewal on the other party in advance ofthe annual renewal date of the
Agreement. Unless such notice is served by Owner to City at least ninety (90) days prior
to the annual renewal date, or served by City to Owner at least sixty (60) days prior to the
annual renewal date, one (I) year shall automatically be added to the term of the
Agreement as provided herein. Upon receipt by Owner of a notice of non-renewal from
City, Owner may make a written protest of the notice. City may, at any time prior to the
annual renewal date of the Agreement, withdraw its notice of non-renewal. If either City
or Owner serves notice to the other of non-renewal in any year, the Agreement shall
remain in effect for the balance ofthe term then remaining, either from its original
execution or from the last renewal of the Agreement, whichever may apply.
9. Notice. Any notice required to be given by the terms of this Agreement shall be provided
at the address of the respective parties as specified below or at any other address as may
be later specified by either party.
To City:
City of Chula Vista
Attention: Director of Planning & Building
276 Fourth Avenue
Chula Vista, CA 91910
To Owner(s): John and Nancy Parks
124 Hilltop Drive
Chula Vista, CA 91910
a-51
10. General Provisions.
a. None of the terms, provisions, or conditions of this Agreement shall be deemed to
create a partnership between the parties and any of their heirs, successors, or
assigns, nor shall such terms, provisions, or conditions cause them to be
considered joint ventures or members of any joint enterprise.
Owner agrees to and shall hold City and its elected officials, officers, agents, and
employees harmless from liability for damage or claims for damage for personal
injuries, including death, and claims for property damage which may arise from
the direct or indirect use of operations of Owner or those of his or her contractor,
subcontractor, agent, employee or other person acting on his or her behalf which
relate to the use, operation, and maintenance of the Historic Site. Owner hereby
agrees to and shall defend the City and its elected Officials, officers, agents, and
employees with respect to any and all actions for damages caused by, or alleged
to have been caused by, reasons of Owner's activities in connection with the
Historic Site. This hold harmless provision applies to all damages and claims for
damages suffered, or alleged to have been suffered, by reason of the operations
referred to in this Agreement regardless of whether or not the City prepared,
supplied, or approved the plans, specifications, or other documents for the
Historic Site.
All of the agreements, rights, covenants, reservations, and restrictions contained
in this Agreement shall be binding upon and shall inure to the benefit of the
parties herein, their heirs, successors, legal representatives, assigns and all persons
acquiring any part or portion of the Historical Site, whether by operation of law or
in any manner whatsoever.
In the event that any of the provisions of this Agreement are held to be
unenforceable or invalid by any court of competent jurisdiction, or by subsequent
preemptive legislation, the validity and enforceability of the remaining provisions,
or portions thereof, shall not be effected thereby.
This Agreement shall not take effect unless and until Owner's signature is
notarized by a notary public. Furthermore, if an agent or representative of Owner
signs this Agreement on behalf of Owner, the agent or representative must furnish
proof, to the satisfaction of City, that the agent or representative has authority to
act on Owner's behalf.
This Agreement shall be construed and governed in accordance with the laws of
the State of California.
Page 5 of 6
Mills Act Contract
b.
c.
d.
e.
f.
lL Recordation. No later than twenty (20) days after the parties execute and enter into this
Agreement, City shall cause this Agreement to be recorded in the office of the County
Recorder of the County of San Diego.
R Amendments. This Agreement may be amended only by a written and recorded
instrument executed by the parties hereto
/0( - 5~
Page 6 of 6
Mills Act Contract
SIGNATURE PAGE TO MILLS ACT AGREEMENT FOR
124 Hilltop Drive, Chula Vista, CA 91910
CITY OF CHULA VISTA
OWNER(S) OF RECORD
Date:
Date:
Approved:
By:
Shirley Horton, Mayor
(Notarized Signature)
Date:
Date:
Attest:
By:
Susan Bigelow, City Clerk
(Notarized Signature)
Date:
Approved as to form:
John Kaheny, City Attorney
OWNERS PLEASE HAVE NOTARY PUBLIC ATTACH A SEPARATE PROOF OF
NOTARY PAGE WITH SIGNATURE AND SEAL.
/..{ -5:3
ATTACHMENT "A"
SECRETARY OF THE INTERIOR STANDARDS FOR RESTORATION AND
REHABILITATION OF HISTORIC STRUCTURES
I.
A property shall be used for its historic purpose or be placed in a new use that requires
minimal change to the defining characteristics of the building and its site and
environment.
2.
The historic character of a property shall be retained and preserved. The removal of
historic materials or alterations of features and spaces that characterize a property shall be
avoided.
3.
Each property shall be recognized as a physical record of its time, place, and use.
Changes that create a false sense of historical development, such as adding conjectural
features or architectural elements from other buildings, shall not be undertaken.
4.
Most properties change over time; those changes that have acquired historic significance
in their own right shall be retained and preserved.
5.
Distinctive features, finishes, and construction techniques or examples of craftsmanship
that characterize a property shall be preserved.
6.
Deteriorated historic features shall be repaired rather than replaced. Where the severity of
deterioration requires replacement of a distinctive feature, the new feature shall match the
old in design, color, texture, and other visual qualities and, where possible, materials.
7.
Chemical or physical treatments, such as sandblasting, that cause damage to historic
materials shall not be used. The surface cleaning of structures, if appropriate, shall be
undertaken using the gentlest means possible.
8.
Significant archaeological resources affected by a project shall be protected and preserved.
If such resources must be disturbed, mitigation measures shall be undertaken.
9. New additions, exterior alterations, or related new construction shall not destroy historic
materials that characterize the property. The new work shall be differentiated from the old
and shall be compatible with the massing, size, scale, and architectural features to protect
the historic integrity of the property and its environment.
10. New additions and adjacent or related new construction shall be undertaken in such a
manner that if removed in the future, the essential form and integrity of the historic
property and its environment would be unimpaired.
/..< -$Lf
ATTACHMENT "B"
MILLS ACT AGREEMENT SUPPLEMENTAL
(To be completed by the Owner)
Please list, to the best of your knowledge, the improvements that have been made over
the past I 0 years to maintain or rehabilitate this property.
YEAR
I"!}"-/~~'
IMPROVEMENT
¿ET~'I Aesræ¿ E>tf"E.e.£ð¡a eJr H¿;V.s:E
.. t:ée~Fr.rAlIi'" "AJ#'T)~ð eMU'l;$'AM}'¿. Cé>U:JIf!S.
.. .eGsrð~eD ð.e.z:~HAe.. .:r~,. ~ - IV4M:'DP,eA.ur
C ð,¡ð))G,e SGßE#FI£IS.
.. ~~¡:LT.Nr~H .#4tIZÞ"'h(JD.o ;::¿ðAÐS A~~
.P#fNr .r4'rGÆJr~.e.
Please list the improvements and restorations that you intend to make over the next 10
years. List them in order of your priority based upon anticipated need for proper
maintenance.
1".9-9'
Z,..,ð
PRIORITY
IMPROVEMENT /RESTORATIONS
.. 'pAd'N, e}éTl!fßJð.e WNE.Iiù!F ..eG~P.r:/2E8r
, 'r-¥¿:: í:::r.rt::~.-I*Ð ~~ 8~~ II/G4FO .A1z",v¿¡.8W,elR"'.
, C'¡p,urfNVG ro ;f.1A-J',¡I/;r',ø:P r#G NP~¿¡;:: "'5
CLiPf;é rt? P.e.cørNA-'¿'" A-s P¿)$S,J:"ð¿E'.
OWNER CERTIFICATION:
I certify that I am presently the legal owner of the subject property. Further, I
acknowledge the supplemental information on this form will be used as an exhibit
attached to the Mills Act Agreement.
Date: //-2.1J-2pp~ Signature~~. "c>~
/~ - S5""
BELOW - From NW corner of lot looking at back of house and garage
Note: View of the two acres of the original ten acres of lemon orchards.
RIGHT .From SW corner of lot
looking at south side of house
and back of garage.
Note: Picture taken before
fence was complete.
~
\
~
u
C HULA VISTA PLANNING AND BUILDING DEPARTMENT
LOCATOR Ä~~~I~k THE STAFFORD HOUSE PROJECT DESCRIPTION:
C) PROJECT 640 FIFTH AVENUE Mills Act Program Applicant
ADORESS: SCALE: I FILE NUMBER:
NORTH No Scale 572-090-33-00
h:\home\planning\locators\ 12/04/01
/-<-57
Recording Requested by and
Please Return to:
City Clerk
City ofChula Vista
P.O. Box 1087
Chula Vista, CA 91912
D
This Space for Recorder's Use Only
D
APN(s) 572-090-033-00
MILLS ACT AGREEMENT
For property located at 640 Fifth Avenue, Chula Vista, CA 91910
THIS AGREEMENT is entered into by and between THE CITY OF CHULA VISTA, a
municipal corporation ("City") and Ysmael Ochoa ("Owners").
RECITALS
WHEREAS, California Government Code Section 50280, et seq., referred to as the Mills
Act, authorized cities to enter into contracts with the owners of qualified historical properties to
provide for the use, maintenance, and restoration of such historical properties so as to retain their
characteristics as properties of historical significance.
WHEREAS, Owner possesses fee title in and to that certain real property, together with
associated structures and improvements thereon, Assessor Parcel No. 570-090-033-00, and
generally located at the street address 640 Fifth Avenue, Chula Vista, CalifornÏa, 91910, (the
"Historic Site").
WHEREAS, after a public hearing, the Chula Vista City Council declared and designated
the above property as Historical Site Number 11, pursuant to Chula Vista Municipal Code
Section 2.32.070. A-F.
WHEREAS, City and Owner, for their mutual benefit, now desire to enter into this
Agreement both to protect and preserve the characteristics of historical significance ofthe
Historical Site and to qualify the Historical Site for an assessment of valuation pursuant to the
provisions of Article 1.9, (commencing with Section 439) of Chapter 3 of Part 2 of Division I of
the California Revenue and Taxation Code (and as amended from time to time).
NOW THEREFORE, in consideration of the mutual benefits and covenants, City and Owner
agree as follows:
/~-S8
Page 2 of 6
Mills Act Contract
1. Compliance with Council Policy. Owner shall comply with Council Policy Number 454-
01 incorporated herein by this reference.
2. Standards for Historical Site. During the term of this Agreement, the Historic Site shall
be subject to the following conditions, requirements, and restrictions:
~ Owner should preserve and maintain the regulated characteristics of historical
significance ofthe Historic Site, and, where necessary and feasible, restore and
rehabilitate the property, in accordance with the rules and regulations published
by the Secretary of the Interior and as amended from time to time (Attachment
A). Work should be done in accordance with the attached schedule of potential
home improvements, drafted by the Owner (Attachment B).
£: Owner should maintain all buildings, structures, yards and other improvements in
a manner which does not detract from the appearance of the immediate
neighborhood. The following conditions are prohibited:
i. Dilapidated, deteriorating, or unrepaired structures, such as: fences, roofs,
doors, walls and windows;
ii. Scrap lumber, junk, trash or debris.
111. Abandoned, discarded or unused objects or equipment, such as
automobiles, automobile parts, furniture, stoves, refrigerators, cans,
containers, or similar items;
iv. Stagnant water or excavations, including pools or spas;
v. Any device, decoration, design, structure or vegetation which is unsightly
by reason of its height, condition, or its inappropriate location.
~ Owner shall allow reasonable periodic examination of the Historic Site, by prior
appointment, if a request is made by representatives of the City of Chula Vista
Planning Departnient, County Assessor, State Department of Parks and
Recreation or the State Board of Equalization.
Q, The owner shall allow visibility of the exterior of the structure from the public
right-of-way.
~ Should owner apply to the City for a permit for demolition, substantial exterior
alteration or removal of the Historic Site, Owner shall attend and participate in a
scheduled hearing regarding such application before the board or commission
designated by the City Council to oversee the City's historic resources prior to the
issuance of such permit, so long as such hearing is completed no longer than three
(3) weeks after owner submits such application to the City.
[ Notwithstanding the foregoing subparagraph 2.e, should Owner apply to the City
for a permit for the demolition, substantial exterior alteration or removal of the
Historic Site, Owner shall comply with all City and State of California
environmental regulations, policies and requirements prior to City issuance of the
requested permit.
3. Information of Compliance. Owner hereby agrees to furnish City with any and all
information requested by the City which the City deems necessary or advisable to
determine compliance with the Ú:rms and provisions of this Agreement.
4. Cancellation. City, following a duly noticed public hearing as set forth in California
Government Code Sections 50280, et seq., may cancel tills Agreement ifit determines
/c;(-Sf
Page 3 of 6
Mills Act Contract
that Owner has breached any of the conditions of this Agreement or has allowed the
property to deteriorate to the point that it no longer meets the City's or State's standards
for a qualified historic property. In addition, City may cancel this Agreement ifit
determines that the Owner has failed to restore or rehabilitate the property in the manner
specified in subparagraph 2(a) of this Agreement, or has demolished, substantially altered
or removed the historic site. In the event of cancellation, Owner maybe subject to
payment of those cancellation fees set forth in California Government Code Section
50280, et seq.
5.
Enforcement of Agreement. In lieu of and/or in addition to any provisions related to
cancellation of the Agreement as referenced herein, City may specifically enforce or
enjoin the breach of the terms of this Agreement. In the event of a default under the
provisions of this Agreement by Owner, City will give written notice to Owner by
registered or certified mail addressed to the address stated in this Agreement, and if such
a violation is not corrected to the reasonable satisfaction of the City within thirty (30)
days (provided that acts to cure the breach or default must be commenced within thirty
(30) days and must thereafter be diligently pursued to completion by Owner), then City
may, without further notice, declare a default under the terms ofthis Agreement and may
bring any action necessary to specifically enforce the obligations of Owner growing out
ofterms of this Agreement, apply to any court, state or federal for injunctive relief
against any violation by Owner or apply for such other relief as may be appropriate. City
does not waive any claim of default by Owner if City does not enforce or cancel this
Agreement. All other remedies of law or in equity which are not otherwise provided for
in this Agreement or in City's regulations governing historic sites are available to the
City to pursue in the event there is a breach of this Agreement. No waiver by City of any
breach or default under this Agreement shall be deemed to be a waiver of any other
subsequent breach thereof or default hereunder.
6. Binding Effects of Agreement. The Owner hereby subjects the Historic Site to the
covenants, reservations and restrictions as set forth in this Agreement. City and Owner
hereby declare their specific intent that the covenants, reservations, and restrictions as set
forth herein shall be deemed covenants running with the land and shall pass to and be
binding upon the Owner's successors and assigns in title or interest to the Historic Site.
Each and every contract, deed, or other instrument hereinafter executed, covering or
conveying the Historic Site, or any portion thereof, shall conclusively be held to have
been executed, delivered, and accepted subject to the covenants, reservations, and
restrictions expressed in this Agreement regardless of whether such covenants, .
reservations, and restriction are set forth in such contract, deed, or other instrument. City
and Owner hereby declare their understanding and intent that the burden of the
covenants, reservations, and restrictions set forth herein, touch and concern the land, in
that Owner's legal interest in the Historic Site is rendered less valuable thereby. City and
Owner hereby further declare their understanding and intent that the benefit of such
covenants, reservations and restrictions, touch and concern the land by enhancing and
maintaining the historical characteristics and significance of the Historic Site for the
benefit of City, the public, and Owner.
/~ -~ 0
Page 4 of 6
Mills Act Contract
7. Effective Date and Term of Agreement. This Agreement shall be effective and
commence on December 11, 2001(but no earlier than approval of the agreement by the
City Council), and shall remain in effect for a term often (10) years thereafter. Each year
upon the anniversary of the effective date, such initial term will automatically be
extended as provided in paragraph 8 below.
8. Renewal. Each year on the anniversary of the effective date of this Agreement (the
"renewal date"), a year shall automatically be added to the initial term of this Agreement
unless notice of non-renewal is mailed as provided herein. If either Owner or City
desires in any year not to renew this Agreement, Owner or City shall serve written notice
of non-renewal on the other party in advance of the annual renewal date of the
Agreement. Unless such notice is served by Owner to City at least ninety (90) days prior
to the annual renewal date, or served by City to Owner at least sixty (60) days prior to the
annual renewal date, one (I) year shall automatically be added to the term of the
Agreement as provided herein. Upon receipt by Owner of a notice of non-renewal from
City, Owner may make a written protest of the notice. City may, at any time prior to the
annual renewal date of the Agreement, withdraw its notice of non-renewal. If either City
or Owner serves notice to the other of non-renewal in any year, the Agreement shall
remain in effect for the balance of the term then remaining, either from its original
execution or from the last renewal of the Agreement, whichever may apply.
9. Notice. Any notice required to be given by the terms of this Agreement shall be provided
at the address of the respective parties as specified below or at any other address as may
be later specified by either party.
To City:
City ofChula Vista
Attention: Director of Planning & Building
276 Fourth Avenue
Chula Vista, CA 91910
To Owner(s): IsmaelOchoa
640 Fifth Avenue
Chula Vista, CA 91910
/.J. -~ I
10. General Provisions.
a. None of the terms, provisions, or conditions ofthis Agreement shall be deemed to
create a partnership between the parties and any of their heirs, successors, or
assigns, nor shall such terms, provisions, or conditions cause them to be
considered joint ventures or members of any joint enterprise.
Owner agrees to and shall hold City and its elected officials, officers, agents, and
employees harmless from liability for damage or claims for damage for personal
injuries, including death, and claims for property damage which may arise from
the direct or indirect use of operations of Owner or those of his or her contractor,
subcontractor, agent, employee or other person acting on his or her behalf which
relate to the use, operation, and maintenance of the Historic Site. Owner hereby
agrees to and shall defend the City and its elected Officials, officers, agents, and
employees with respect to any and all actions for damages caused by, or alleged
to have been caused by, reasons of Owner's activities in connection with the
Historic Site. This hold harmless provision applies to all damages and claims for
damages suffered, or alleged to have been suffered, by reason of the operations
referred to in this Agreement regardless of whether or not the City prepared,
supplied, or approved the plans, specifications, or other documents for the
Historic Site.
All of the agreements, rights, covenants, reservations, and restrictions contained
in this Agreement shall be binding upon and shall inure to the benefit of the
parties herein, their heirs, successors, legal representatives, assigns and all persons
acquiring any part or portion of the Historical Site, whether by operation oflaw or
in any manner whatsoever.
In the event that any of the provisions of this Agreement are held to be
unenforceable or invalid by any court of competent jurisdiction, or by subsequent
preemptive legislation, the validity and enforceability of the remaining provisions,
or portions thereof, shall not be effected thereby.
This Agreement shall not take effect unless and until Owner's signature is
notarized by a notary public. Furthermore, if an agent or representative of Owner
signs this Agreement on behalf of Owner, the agent or representative must furnish
proof, to the satisfaction of City, that the agent or representative has authority to
act on Owner's behalf.
This Agreement shall be construed and governed in accordance with the laws of
the State of CalifornÏa.
Page 5 of 6
Mills Act Contract
b.
c.
d.
e.
f.
11. Recordation. No later than twenty (20) days after the parties execute and enter into this
Agreement, City shall cause this Agreement to be recorded in the office of the County
Recorder of the County of San Diego.
12. Amendments. This Agreement may be amended only by a written and recorded
instrument executed by the parties hereto
~ -b.2..
Page 6 of 6
Mills Act Contract
SIGNA TURE PAGE TO MILLS ACT AGREEMENT FOR
640 Fifth Avenue, Chula Vista, CA 91910
CITY OF CHULA VISTA
OWNER(S) OF RECORD
Date:
Date:
Approved:
By:
(Notarized Signature)
Shirley Horton, Mayor
Date:
Date:
Attest:
Susan Bigelow, City Clerk
By:
(Notarized Signature)
Date:
Approved as to form:
John Kaheny, City Attorney
OWNERS PLEASE HAVE NOTARY PUBLIC ATTACH A SEPARATE PROOF OF
NOTARY PAGE WITH SIGNATURE AND SEAL.
/~ -~ 6
ATTACHMENT "A"
SECRETARY OF THE INTERIOR STANDARDS FOR RESTORATION AND
REHABILITATION OF HISTORIC STRUCTURES
I.
A property shall be used for its historic purpose or be placed in a new use that requires
minimal change to the defining characteristics of the building and its site and
environment.
2.
The historic character of a property shall be retained and preserved. The removal of
historic rnaterials or alterations of features and spaces that characterize a property shall be
avoided.
3.
Each property shall be recognized as a physical record of its time, place, and use.
Changes that create a false sense of historical development, such as adding conjectural
features or architectural elements from other buildings, shall not be undertaken.
4.
Most properties change over time; those changes that have acquired historic significance
in their own right shall be retained and preserved.
5.
Distinctive features, finishes, and construction techniques or examples of craftsmanship
that characterize a property shall be preserved.
6.
Deteriorated historic features shall be repaired rather than replaced. Where the severity of
deterioration requires replacement of a distinctive feature, the new feature shall match the
old in design, color, texture, and other visual qualities and, where possible, materials.
7.
Chemical or physical treatments, such as sandblasting, that cause damage to historic
materials shall not be used. The surface cleaning of structures, if appropriate, shall be
undertaken using the gentlest means possible.
8.
Significant archaeological resources affected by a project shall be protected and preserved.
If such resources must be disturbed, mitigation measures shall be undertaken.
9. New additions, exterior alterations, or related new construction shall not destroy historic
materials that characterize the property. The new work shall be differentiated from the old
and shall be compatible with the massing, size, scale, and architectural features to protect
the historic integrity of the property and its environment.
10. New additions and adjacent or related new construction shall be undertaken in such a
manner that if removed in the future, the essential form and integrity of the historic
property and its environment would be unimpaired.
/,< -~1
ATTACHMENT "B"
MILLS ACT AGREEMENT SUPPLEMENTAL
(To be completed by the Owner)
Please list, to the best of your knowledge, the improvements that have been made over
the past I 0 years to maintain or rehabilitate this property.
YEAR
l'll"-
! 9; J' -
i "I ;"1-
\ " q -
q 9 ;> --
IMPROVEMENT / ¡,
~ I'ùv)e~/I/Ij-['K"f/Ac[fvr"~
¡c<pIA5r<Þ 1'/<"- '-IJj¡'¿.. C -<
. d f - I~"'¿ ¿cc'1"5.lLuvov,~r{ f-th: ,,-,',..~/-I',..J
e",(IAC-¿ W¡¡V<v f..
. r,,'Iu: öF- f-J4e 1../,"'(( ~ y?,¡"...r'
íZe5ro', f"1'< ov . --
piA c¿ <i.,..,"""( "",.qý "we!- 8vI Ir G.'rA76
'Z ¿ . ¡./ (, 1 2.., ÞO
(A,...d¡-Jft j-I<e frof(ýf'7 ~ (lebvi/r f- e
Please list the improvements and restorations that you intend to make over the next 10
years. List them in order of your priority based upon anticipated need for proper
maintenance.
PRIORITY
-;:;,'ref/4(é
IMPROVEMENT /RESTORATIONS
I'...A",r to fZ<:..{IA,c-é i-Ne. r"Yt {'11/(1"O-
" rI Or¡"it'I"~/ Co.JJ..lh'uJ
-~
------
e.~ l' I~ ,. J C .-1
17 orC- 14
:r /",~~d
r"
12-<Z5t-<.JY( 1'-"\ Ý yJ/ir/lro"....,f
-
OWNER CERTIFICATION:
, ...." rl-<'ÍÎ'Ý'"'-
rv.¿.zc
Ar-'l,,-...¡j ifÞ 1"""....-;/
I ~ ,....¿ 5 c..~ f ¿ ù fv ¿ 6'," Iì y<,4
¡v~(l. to
f. 1'tJ \" Hovr{
í yV t' ,u is'A (I< (J
MY'
ÇC'Y'- IJ-
¡"",,-,cAf!:
I certify that I am presently the legal owner of the subject property. Further, I
acknowledge the supplemental information on this form will be used as an exhibit
attached to the Mills Act Agreement.
Date:
Sienature:
/...< - " S-
/~-~C,
C HULA VISTA PLANNING AND BUILDING DEPARTMENT
LOCATOR PROJECT PROJECT DESCRIPTION:
C) APPLICANl'. THE GARRETTSON. FRANK HOUSE
Ä~g~~~1: 642 SECOND AVENUE Mills Act ProQram Applicant
SCALE: I FILE NUMBER:
NORTH No Scale 573-180-22-00
h :Ihomelpianningliocatorsl 12/04/01
/"{-(P7
Recording Requested by and
Please Return to:
City Clerk
City ofChula Vista
P.O. Box 1087
Chula Vista, CA 91912
D
This Space for Recorder's Use Only
D
APN(s) 573-180-22-00
MILLS ACT AGREEMENT
For property located at 642 Second Avenue, Chula Vista, CA 91910
THIS AGREEMENT is entered into by and between THE CITY OF CHULA VISTA, a
municipal corporation ("City") and Corinne McCall ("Owners").
RECITALS
WHEREAS, CalifornÏa Government Code Section 50280, et seq., referred to as the Mills
Act, authorized cities to enter into contracts with the owners of qualified historical properties to
provide for the use, maintenance, and restoration of such historical properties so as to retain their
characteristics as properties of historical significance.
WHEREAS, Owner possesses fee title in and to that certain real property, together with
associated structures and improvements thereon, Assessor Parcel No. 573-180-22-00, and
generally located at the street address 642 Second Avenue, Chula Vista, California 91910, (the
"Historic Site").
WHEREAS, after a public hearing, the Chula Vista City Council declared and
designated the above property as Historical Site Number 43, pursuant to Chula Vista Municipal
Code Section 2.32.070. A-F.
WHEREAS, City and Owner, for their mutual benefit, now desire to enter into this
Agreement both to protect and preserve the characteristics of historical significance of the
Historical Site and to qualify the Historical Site for an assessment of valuation pursuant to the
provisions of Article 1.9, (commencing with Section 439) of Chapter 3 of Part 2 of Division 1 of
the California Revenue and Taxation Code (and as amended from time to time).
NOW THEREFORE, in consideration of the mutual benefits and covenants, City and Owner
agree as follows:
/ø,( -bE
Page 2 of 6
Mills Act Contract
1. Compliance with Council Policy. Owner shall comply with Council Policy Number 454-
01 incorporated herein by this reference.
1
Standards for Historical Site. During the term of this Agreement, the Historic Site shall
be subject to the following conditions, requirements, and restrictions:
~ O\>mer should preserve and maintain the regulated characteristics of historical
significance of the Historic Site, and, where necessary and feasible, restore and
rehabilitate the property, in accordance with the rules and regulations published
by the Secretary of the Interior and as amended from time to time (Attachment
A). Work should be done in accordance with the attached schedule of potential
home improvements, drafted by the Owner (Attachment B).
12.: Owner should maintain all buildings, structures, yards and other improvements in
a manner which does not detract from the appearance of the immediate
neighborhood. The following conditions are prohibited:
i. Dilapidated, deteriorating, or unrepaired structures, such as: fences, roofs,
doors, walls and windows;
ii. Scrap lumber, junk, trash or debris.
Ill. Abandoned, discarded or unused objects or equipment, such as
automobiles, automobile parts, furnÏture, stoves, refrigerators, cans,
containers, or similar items;
IV. Stagnant water or excavations, including pools or spas;
v. Any device, decoration, design, structure or vegetation which is unsightly
by reason of its height, condition, or its inappropriate location.
~ Owner shall allow reasonable periodic examination of the Historic Site, by prior
appointment, if a request is made by representatives of the City of Chula Vista
Planning Department, County Assessor, State Department of Parks and
Recreation or the State Board of Equalization.
s!, The owner shall allow visibility of the exterior of the structure from the public
right-of-way.
~ Should owner apply to the City for a permit for demolition, substantial exterior
alteration or removal of the Historic Site, Owner shall attend and participate in a
scheduled hearing regarding such application before the board or commission
designated by the City Council to oversee the City's historic resources prior to the
issuance of such permit, so long as such hearing is completed no longer than three
(3) weeks after owner submits such application to the City.
[ Not\>1Îthstanding the foregoing subparagraph 2.e, should Owner apply to the City
for a permit for the demolition, substantial exterior alteration or removal of the
Historic Site, Owner shall comply with all City and State of CalifornÏa
environmental regulations, policies and requirements prior to City issuance of the
requested permit.
Information of Compliance. Owner hereby agrees to furnish City with any and all
information requested by the City which the City deems necessary or advisable to
determine compliance with the terms and provisions of this Agreement.
3.
4. Cancellation. City, following a duly noticed public hearing as set forth in California
Government Code Sections 50280, et seq., may cancel this Agreement if it determines
Þ(-6f
Page 3 of 6
Mills Act Contract
that Owner has breached any of the conditions ofthis Agreement or has allowed the
property to deteriorate to the point that it no longer meets the City's or State's standards
for a qualified historic property. In addition, City may cancel this Agreement if it
determines that the Owner has failed to restore or rehabilitate the property in the manner
specified in subparagraph 2(a) of this Agreement, or has demolished, substantially altered
or removed the historic site. In the event of cancellation, Owner maybe subject to
payment of those cancellation fees set forth in California Government Code Section
50280, et seq.
5.
Enforcement of Agreement. In lieu of and/or in addition to any provisions related to
cancellation of the Agreement as referenced herein, City may specifically enforce or
enjoin the breach of the terms ofthis Agreement. In the event of a default under the
provisions ofthis Agreement by Owner, City will give written notice to Owner by
registered or certified mail addressed to the address stated in this Agreement, and if such
a violation is not corrected to the reasonable satisfaction of the City within thirty (30)
days (provided that acts to cure the breach or default must be commenced within thirty
(30) days and must thereafter be diligently pursued to completion by Owner), then City
may, without further notice, declare a default under the terms ofthis Agreement and may
bring any action necessary to specifically enforce the obligations of Owner growing out
ofterrns of this Agreement, apply to any court, state or federal for injunctive relief
against any violation by Owner or apply for such other relief as may be appropriate. City
does not waive any claim of default by Owner if City does not enforce or cancel this
Agreement. All other remedies oflaw or in equity which are not otherwise provided for
in this Agreement or in City's regulations governing historic sites are available to the
City to pursue in the event there is a breach of this Agreement. No waiver by City of any
breach or default under this Agreement shall be deemed to be a waiver of any other
subsequent breach thereof or default hereunder.
6. Binding Effects of Agreement. The Owner hereby subjects the Historic Site to the
covenants, reservations and restrictions as set forth in this Agreement. City and Owner
hereby declare their specific intent that the covenants, reservations, and restrictions as set
forth herein shall be deemed covenants running with the land and shall pass to and be
binding upon the Owner's successors and assigns in title or interest to the Historic Site.
Each and every contract, deed, or other instrument hereinafter executed, covering or
conveying the Historic Site, or any portion thereof, shall conclusively be held to have
been executed, delivered, and accepted subject to the covenants, reservations, and
restrictions expressed in this Agreement regardless of whether such covenants,
reservations, and restriction are set forth in such contract, deed, or other instrument. City
and Owner hereby declare their understanding and intent that the burden of the
covenants, reservations, and restrictions set forth herein, touch and concern the land, in
that Owner's legal interest in the Historic Site is rendered less valuable thereby. City and
Owner hereby further declare their understanding and intent that the benefit of such
covenants, reservations and restrictions, touch and concern the land by enhancing and
maintaining the historical characteristics and significance of the Historic Site for the
benefit of City, the public, and Owner.
/..< -70
Page 4 of 6
Mills Act Contract
7. Effective Date and Term of Agreement. This Agreement shall be effective and
commence on December II, 2001 (but no earlier than approval of the agreement by the
City Council), and shall remain in effect for a term of ten (10) years thereafter. Each year
upon the anniversary ofthe effective date, such initial term will automatically be
extended as provided in paragraph 8 below.
8. Renewal. Each year on the anniversary of the effective date ofthis Agreement (the
"renewal date"), a year shall automatically be added to the initial term of this Agreement
unless notice of non-renewal is mailed as provided herein. If either Owner or City
desires in any year not to renew this Agreement, Owner or City shall serve written notice
of non-renewal on the other party in advance of the annual renewal date of the
Agreement. Unless such notice is served by Owner to City at least ninety (90) days prior
to the annual renewal date, or served by City to Owner at least sixty (60) days prior to the
annual renewal date, one (I) year shall automatically be added to the term of the
Agreement as provided herein. Upon receipt by Owner of a notice of non-renewal from
City, Owner may make a written protest of the notice. City may, at any time prior to the
annual renewal date of the Agreement, withdraw its notice of non-renewal. If either City
or Owner serves notice to the other of non-renewal in any year, the Agreement shall
remain in effect for the balance of the term then remaining, either from its original
execution or from the last renewal of the Agreement, whichever may apply.
9. Notice. Any notice required to be given by the terms of this Agreement shall be provided
at the address of the respective parties as specified below or at any other address as may
be later specified by either party.
To City:
City ofChula Vista
Attention: Director of Planning & Building
276 Fourth Avenue
Chula Vista, CA 91910
To Owner(s): Corinne McCall
642 Second Avenue
Chula Vista, CA 91910
/ø{ - 7/
10. General Provisions.
a. None ofthe terms, provisions, or conditions of this Agreement shall be deemed to
create a partnership between the parties and any of their heirs, successors, or
assigns, nor shall such terms, provisions, or conditions cause them to be
considered joint ventures or members of any joint enterprise.
Owner agrees to and shall hold City and its elected officials, officers, agents, and
employees harmless from liability for damage or claims for damage for personal
injuries, including death, and claims for property damage which may arise from
the direct or indirect use of operations of Owner or those of his or her contractor,
subcontractor, agent, employee or other person acting on his or her behalf which
relate to the use, operation, and maintenance of the Historic Site. Owner hereby
agrees to and shall defend the City and its elected Officials, officers, agents, and
employees with respect to any and all actions for damages caused by, or alleged
to have been caused by, reasons of Owner's activities in connection with the
Historic Site. This hold harmless provision applies to all damages and claims for
damages suffered, or alleged to have been suffered, by reason of the operations
referred to in this Agreement regardless of whether or not the City prepared,
supplied, or approved the plans, specifications, or other documents for the
Historic Site.
All of the agreements, rights, covenants, reservations, and restrictions contained
in this Agreement shall be binding upon and shall inure to the benefit of the
parties herein, their heirs, successors, legal representatives, assigns and all persons
acquiring any part or portion of the Historical Site, whether by operation of law or
in any manner whatsoever.
In the event that any of the provisions of this Agreement are held to be
unenforceable or invalid by any court of competent jurisdiction, or by subsequent
preemptive legislation, the validity and enforceability of the remaining provisions,
or portions thereof, shall not be effected thereby.
This Agreement shall not take effect unless and until Owner's signature is
notarized by a notary public. Furthermore, if an agent or representative of Owner
signs this Agreement on behalf of Owner, the agent or representative must furnish
proof, to the satisfaction of City, that the agent or representative has authority to
act on Owner's behalf.
This Agreement shall be construed and governed in accordance with the laws of
the State ofCalifornÏa.
Page 5 of 6
Mills Act Contract
b.
c.
d.
e.
f.
lL Recordation. No later than twenty (20) days after the parties execute and enter into this
Agreement, City shall cause this Agreement to be recorded in the office of the County
Recorder of the County of San Diego.
lb Amendments. This Agreement may be amended only by a written and recorded
instrument executed by the parties hereto
/~-7.;,
Page 6 of 6
Mills Act Contract
SIGNATURE PAGE TO MILLS ACT AGREEMENT FOR
642 Second Avenue, Chula Vista, CA 91910
CITY OF CHULA VISTA
OWNER(S) OF RECORD
Date:
Date:
Approved:
By:
Shirley Horton, Mayor
(Notarized Signature)
Date:
Date:
Attest:
By:
Susan Bigelow, City Clerk
(Notarized Signature)
Date:
Approved as to form:
John Kaheny, City Attorney
OWNERS PLEASE HAVE NOTARY PUBLIC ATTACH A SEPARATE PROOF OF
NOTARY PAGE WITH SIGNATURE AND SEAL.
/ø< -7.3
ATTACHMENT "A"
SECRETARY OF THE INTERIOR STANDARDS FOR RESTORATION AND
REHABILITATION OF HISTORIC STRUCTURES
I.
A property shall be used for its historic purpose or be placed in a new use that requires
minimal change to the defining characteristics of the building and its site and
environment.
2.
The historic character of a property shall be retained and preserved. The removal of
historic materials or alterations of features and spaces that characterize a property shall be
avoided.
3.
Each property shall be recognized as a physical record of its time, place, and use.
Changes that create a false sense of historical development, such as adding corDectural
features or architectural elements from other buildings, shall not be undertaken.
4.
Most properties change over time; those changes that have acquired historic significance
in their own right shall be retained and preserved.
5.
Distinctive features, finishes, and construction techniques or examples of craftsmanship
that characterize a property shall be preserved.
6.
Deteriorated historic features shall be repaired rather than replaced. Where the severity of
deterioration requires replacement of a distinctive feature, the new feature shall match the
old in design, color, texture, and other visual qualities and, where possible, materials.
7.
Chemical or physical treatments, such as sandblasting, that cause damage to historic
materials shall not be used. The surface cleaning of structures, if appropriate, shall be
undertaken using the gentlest means possible.
8.
Significant archaeological resources affected by a project shall be protected and preserved.
If such resources must be disturbed, mitigation measures shall be undertaken.
9. New additions, exterior alterations, or related new construction shall not destroy historic
materials that characterize the property. The new work shall be differentiated from the old
and shall be compatible with the massing, size, scale, and architectural features to protect
the historic integrity of the property and its environment.
10. New additions and adjacent or related new construction shall be undertaken in such a
manner that if removed in the future, the essential form and integrity of the historic
property and its environment would be unimpaired.
/.,{" 7f
ATTACHMENT "B"
MILLS ACT AGREEMENT SUPPLEMENTAL
(To be completed by the Owner)
Please list, to the best of your knowledge, the improvements that have been made over
the past 1 0 years to maintain or rehabilitate this property.
YEAR
IMPROVEMENT
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</<000 -- '----, I','£p~/'N r ~ X ¡qr¡ or
Ple~ the improvements and restorations that you intend to make over the next 10
years. List them in order of your priority based upon anticipated need for proper
maintenance.
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IMPROVEMENTIRESTORA TIONS
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OWNER CERTIFICATION:
I certify that I am presently the legal owner of the subject property. Further, I
acknowledge the supplemental information on this form will be used as an exhibit
attached to the Mills Act Agreement.
Date: II b! Iv /
Si2nature:
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642 Second Avenue - Street view, above; rear view, below
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642 Second Avenue - South side, above; north side, below
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CHULA VISTA PLANNING AND BUILDING DEPARTMENT
LOCATOR Ä~~~k JOYCE E, GREEN PROJECT DESCRIPTION:
C) PROJECT 279 "J" STREET - MILLS ACT PROGRAM APPLICANT
ADDRESS:
SCALE: I riLE NUMBER:
NORTH No Scale 573-250-13-00
h:lhomelplanning\locatorsl,11/13/01
/..< - 77
Recording Requested by and
Please Return 10:
City Clerk
City ofChula Vista
P.O. Box 1087
Chula Vista, CA 91912
D
This Space for Recorder's Use Only
D
APN(s) 573-250-13-00
MILLS ACT AGREEMENT
For property located at 279 "J" Street, Chula Vista, CA 91910
THIS AGREEMENT is entered into by and between THE CITY OF CHULA VISTA, a
municipal corporation ("City") and Joyce E. Green ("Owner").
RECITALS
WHEREAS, California Government Code Section 50280, et seq., referred to as the Mills
Act, authorized cities to enter into contracts with the owners of qualified historical properties to
provide for the use, maintenance, and restoration of such historical properties so as to retain their
characteristics as properties of historical significance.
WHEREAS, Owner possesses fee title in and to that certain real property, together with
associated structures and improvements thereon, Assessor Parcel No. 573-250-13-00, and
generally located at the street address 279 "J" Street, Chula Vista, California, 91910, (the
"Historic Site").
WHEREAS, after a public hearing, the Chula Vista City Council declared and designated
the above property as Historical Site Number 49, pursuant to Chula Vista Municipal Code
Section 2.32.070. A-F.
WHEREAS, City and Owner, for their mutual benefit, now desire to enter into this
Agreement both to protect and preserve the characteristics of historical significance of the
Historical Site and to qualify the Historical Site for an assessment of valuation pursuant to the
provisions of Article 1.9, (commencing with Section 439) ofChapter3 of Part 2 of Division 1 of
the California Revenue and Taxation Code (and as amended from time to time).
NOW THEREFORE, in consideration of the mutual benefits and covenants, City and Owner
agree as follows:
/-.< - 71
Page 2 of 6
MiI1s Act Contract
1. Compliance with Council Policv. Owner shall comply with Council Policy Number 454-
0 I incorporated herein by this reference.
2. Standards for Historical Site. During the term of this Agreement, the Historic Site shall
be subject to the following conditions, requirements, and restrictions:
~ Owner should preserve and maintain the regulated characteristics of historical
significance of the Historic Site, and, where necessary and feasible, restore and
rehabilitate the property, in accordance with the rules and regulations published
by the Secretary of the Interior and as amended from time to time (Attachment
A). Work should be done in accordance with the attached schedule of potential
home improvements, drafted by the Owner (Attachment B).
Q, Owner should maintain all buildings, structures, yards and other improvements in
a manner which does not detract from the appearance of the immediate
neighborhood. The following conditions are prohibited:
i. Dilapidated, deteriorating, or unrepaired structures, such as: fences, roofs,
doors, walls and windows;
ii. Scrap lumber, junk, trash or debris.
iii. Abandoned, discarded or unused objects or equipment, such as
automobiles, automobile parts, furniture, stoves, refrigerators, cans,
containers, or similar items;
iv. Stagnant water or excavations, including pools or spas;
v. Any device, decoration, design, structure or vegetation which is unsightly
by reason of its height, condition, or its inappropriate location.
~ Owner shall allow reasonable periodic examination of the Historic Site, by prior
appointment, if a request is made by representatives of the City ofChula Vista
Planning Department, County Assessor, State Department of Parks and
Recreation or the State Board of Equalization.
4: The owner shall allow visibility of the exterior of the structure from the public
right-of-way.
~ Should owner apply to the City for a permit for demolition, substantial exterior
alteration or removal ofthe Historic Site, Owner shall attend and participate in a
scheduled hearing regarding such application before the board or commission
designated by the City Council to oversee the City's historic resources prior to the
issuance of such permit, so long as such hearing is completed no longer than three
(3) weeks after owner submits such application to the City.
[ Notwithstanding the foregoing subparagraph 2.e, should Owner apply to the City
for a permit for the demolition, substantial exterior alteration or removal of the
Historic Site, Owner shall comply with all City and State of CalifornÏa
environmental regulations, policies and requirements prior to City issuance of the
requested permit.
3. Information of Compliance. Owner hereby agrees to furnish City with any and all
information requested by the City which the City deems necessary or advisable to
determine compliance with the terms and provisions of this Agreement.
4. Cancellation. City, following a duly noticed public hearing as set forth in California
Government Code Sections 50280, et seq., may cancel this Agreement if it determines
/..{ - 71
Page 3 of 6
Mills Act Contract
that Owner has breached any of the conditions of this Agreement or has allowed the
property to deteriorate to the point that it no longer meets the City's or State's standards
for a qualified historic property. In addition, City may cancel this Agreement if it
determines that the Owner has failed to restore or rehabilitate the property in the manner
specified in subparagraph 2(a) of this Agreement, or has demolished, substantially altered
or removed the historic site. In the event of cancellation, Owner maybe subject to
payment of those cancellation fees set forth in California Government Code Section
50280, et seq.
5. Enforcement of Agreement. In lieu of and/or in addition to any provisions related to
cancellation of the Agreement as referenced herein, City may specifically enforce or
enjoin the breach of the terms of this Agreement. In the event of a default under the
provisions of this Agreement by Owner, City will give written notice to Owner by
registered or certified mail addressed to the address stated in this Agreement, and if such
a violation is not corrected to the reasonable satisfaction of the City within thirty (30)
days (provided that acts to cure the breach or default must be commenced within thirty
(30) days and must thereafter be diligently pursued to completion by Owner), then City
may, without further notice, declare a default under the terms of this Agreement and may
bring any action necessary to specifically enforce the obligations of Owner growing out
of terms of this Agreement, apply to any court, state or federal for injunctive relief
against any violation by Owner or apply for such other relief as may be appropriate. City
does not waive any claim of default by Owner if City does not enforce or cancel this
Agreement. All other remedies of law or in equity which are not otherwise provided for
in this Agreement or in City's regulations governÏng historic sites are available to the
City to pursue in the event there is a breach of this Agreement. No waiver by City of any
breach or default under this Agreement shall be deemed to be a waiver of any other
subsequent breach thereof or default hereunder.
6. Binding Effects of Agreement. The Owner hereby subjects the Historic Site to the
covenants, reservations and restrictions as set forth in this Agreement. City and Owner
hereby declare their specific intent that the covenants, reservations, and restrictions as set
forth herein shall be deemed covenants running with the land and shall pass to and be
binding upon the Owner's successors and assigns in title or interest to the Historic Site.
Each and every contract, deed, or other instrument hereinafter executed, covering or
conveying the Historic Site, or any portion thereof, shall conclusively be held to have
been executed, delivered, and accepted subject to the covenants, reservations, and
restrictions expressed in this Agreement regardless of whether such covenants,
reservations, and restriction are set forth in such contract, deed, or other instrument. City
and Owner hereby declare their understanding and intent that the burden of the
covenants, reservations, and restrictions set forth herein, touch and concern the land, in
that Owner's legal interest in the Historic Site is rendered less valuable thereby. City and
Owner hereby further declare their understanding and intent that the benefit of such
covenants, reservations and restrictions, touch and concern the land by enhancing and
maintaining the historical characteristics and significance of the Historic Site for the
benefit of City, the public, and Owner.
/-< -8 D
Page 4 of 6
Mills Act Contract
7. Effective Date and Term of Agreement. This Agreement shall be effective and
commence on December II, 200l(but no earlier than approval of the agreement by the
City Council), and shall remain in effect for a term often (10) years thereafter. Each year
upon the anniversary ofthe effective date, such initial term will automatically be
extended as provided in paragraph 8 below.
8. Renewal. Each year on the anniversary of the effective dateofthis Agreement (the
"renewal date"), a year shall automatically be added to the initial term of this Agreement
unless notice of non-renewal is mailed as provided herein. If either Owner or City
desires in any year not to renew this Agreement, Owner or City shall serve written notice
of non-renewal on the other party in advance of the annual renewal date of the
Agreement. Unless such notice is served by Owner to City at least ninety (90) days prior
to the annual renewal date, or served by City to Owner at least sixty (60) days prior to the
annual renewal date, one (I) year shall automatically be added to the term of the
Agreement as provided herein. Upon receipt by Owner of a notice of non-renewal from
City, Owner may make a written protest of the notice. City may, at any time prior to the
annual renewal date of the Agreement, withdraw its notice of non-renewal. If either City
or Owner serves notice to the other of non-renewal in any year, the Agreement shall
remain in effect for the balance of the term then remaining, either from its original
execution or from the last renewal of the Agreement, whichever may apply.
9. Notice. Any notice required to be given by the terms of this Agreement shall be provided
at the address of the respective parties as specified below or at any other address as may
be later specified by either party.
To City:
City ofChula Vista
Attention: Director of Planning & Building
276 Fourth Avenue
Chula Vista, CA 91910
To Owner(s): Joyce E. Green
279 "f' Street
Chula Vista, CA 91910
/..{ -,f I
10. General Provisions.
a. None of the terms, provisions, or conditions of this Agreement shall be deemed to
create a partnership between the parties and any of their heirs, successors, or
assigns, nor shall such terms, provisions, or conditions cause them to be
considered joint ventures or members of any joint enterprise.
Owner agrees to and shall hold City and its elected officials, officers, agents, and
employees harmless from liability for damage or claims for damage for personal
injuries, including death, and claims for property damage which may arise from
the direct or indirect use of operations of Owner or those of his or her contractor,
subcontractor, agent, employee or other person acting on his or her behalf which
relate to the use, operation, and maintenance of the Historic Site. Owner hereby
agrees to and shall defend the City and its elected Officials, officers, agents, and
employees with respect to any and all actions for damages caused by, or alleged
to have been caused by, reasons of Owner's activities in connection with the
Historic Site. This hold harmless provision applies to all damages and claims for
damages suffered, or alleged to have been suffered, by reason of the operations
referred to in this Agreement regardless of whether or not the City prepared,
supplied, or approved the plans, specifications, or other documents for the
Historic Site.
All of the agreements, rights, covenants, reservations, and restrictions contained
in this Agreement shall be binding upon and shall inure to the benefit of the
parties herein, their heirs, successors, legal representatives, assigns and all persons
acquiring any part or 'portion of the Historical Site, whether by operation of law or
in any manner whatsoever.
In the event that any of the provisions of this Agreement are held to be
unenforceable or invalid by any court of competent jurisdiction, or by subsequent
preemptive legislation, the validity and enforceability of the remaining provisions,
or portions thereof, shall not be effected thereby.
This Agreement shall not take effect unless and until Owner's signature is
notarized by a notary public. Furthermore, if an agent or representative of Owner
signs this Agreement on behalf of Owner, the agent or representative must furnish
proof, to the satisfaction of City, that the agent or representative has authority to
act on Owner's behalf.
This Agreement shall be construed and governed in accordance with the laws of
the State of CalifornÏa.
Page 5 of 6
Mills Act Contract
b.
c.
d.
e.
f.
11. Recordation. No later than twenty (20) days after the parties execute and enter into this
Agreement, City shall cause this Agreement to be recorded in the office of the County
Recorder of the County of San Diego.
lb Amendments. This Agreement may be amended only by a written and recorded
instrument executed by the parties hereto
/o?-P.¿
Page 6 of 6
Mills Act Contract
SIGNATURE PAGE TO MILLS ACT AGREEMENT FOR
279 "J" Street, Chula Vista, CA 91910
CITY OF CHULA VISTA
OWNER(S) OF RECORD
Date:
Date:
Approved:
Shirley Horton, Mayor
By:
(Notarized Signature)
Date:
Date:
Attest:
Susan Bigelow, City Clerk
By:
(Notarized Signature)
Date:
Approved as to form:
John Kaheny, City Attorney
OWNERS PLEASE HAVE NOTARY PUBLIC ATTACH A SEP ARA TE PROOF OF
NOTARY PAGE WITH SIGNATURE AND SEAL.
/-1-F3
ATTACHMENT "A"
SECRETARY OF THE INTERIOR STANDARDS FOR RESTORATION AND
REHABILITATION OF HISTORIC STRUCTURES
I.
A property shall be used for its historic purpose or be placed in a new use that requires
minimal change to the defining characteristics of the building and its site and
environment.
2.
The historic character of a property shall be retained and preserved. The removal of
historic materials or alterations of features and spaces that characterize a property shall be
avoided.
3.
Each property shall be recognized as a physical record of its time, place, and use.
Changes that create a false sense of historical development, such as adding conjectural
features or architectural elements from other buildings, shall not be undertaken.
4.
Most properties change over time; those changes that have acquired historic significance
in their own right shall be retained and preserved.
5.
Distinctive features, finishes, and construction techniques or examples of craftsmanship
that characterize a property shall be preserved.
6.
Deteriorated historic features shall be repaired rather than replaced. Where the severity of
deterioration requires replacement of a distinctive feature, the new feature shall match the
old in design, color, texture, and other visual qualities and, where possible, materials.
7.
Chemical or physical treatments, such as sandblasting, that cause damage to historic
materials shall not be used. The surface cleaning of structures, if appropriate, shall be
undertaken using the gentlest means possible.
8.
Significant archaeological resources affected by a project shall be protected and preserved.
If such resources must be disturbed, mitigation measures shall be undertaken.
9. New additions, exterior alterations, or related new construction shall not destroy historic
materials that characterize the property. The new work shall be differentiated from the old
and shall be compatible with the massing, size, scale, and architectural features to protect
the historic integrity of the property and its environment.
10. New additions and adjacent or related new construction shall be undertaken in such a
manner that if removed in the future, the essential form and integrity of the historic
property and its environment would be unimpaired.
£{- titf
A TT ACHMENT "B"
MILLS ACT AGREEMENT SUPPLEMENTAL
(To be completed by the Owner)
Please list, to the best of your knowledge, the improvements that have been made over
the past 1 0 years to maintain or rehabilitate this property.
YEAR IMPROVEMENT
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2-D D \ )r e <7 ~ -eo M vL é "'-j v--C>D rn I -CnJ n i w i..JnJl. 0 ù.J
Please list the improvements and restorations that you intend to make over the next 10
years. List them in order of your priority based upon anticipated need for proper
maintenance.
PRlORlTY
3
IMPROVEMENT /RESTORATIONS
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L
OWNER CERTIFICATION:
I certify that I am presently the legal owner of the subject property. Further, I
acknowledge the supplemental information on this form will be used as an exhibit
attached to the Mills Act Agreement.
Date:-
Signature:
/-1--IS-
:.
- .f/,
~\::P v
C HULA VISTA PLANNING AND BUILDING DEPARTMENT
LOCATOR PROJECT THE STARKEY HOUSE PROJECT DESCRIPTION:
C) APPLICANT:
PROJECT 21 "F" STREET Mills Act Program Applicant
ADDRESS:
SCALE: I FILE NUMBER:
NORTH No Scale 569-071-20-00
h:lhomelplannlngllocatorsl 12/03/01
/~ -87
Recording Requested by and
Please Return to:
City Clerk
City ofChula Vista
P.O. Box 1087
Chula Vista, CA 91912
D
This Space for Recorder's Use Only
D
APN(s) 569-071-20-00
MILLS ACT AGREEMENT
For property located at 21 "F" Street, Chula Vista, CA. 91910
THIS AGREEMENT is entered into by and between THE CITY OF CHULA VISTA, a
municipal corporation ("City") and Nicholas M. Gistaro and Wanda Jayne Gistaro ("Owners").
RECITALS
WHEREAS, California Government Code Section 50280, et seq., referred to as the Mills
Act, authorized cities to enter into contracts with the owners of qualified historical properties to
provide for the use, maintenance, and restoration of such historical properties so as to retain their
characteristics as properties of historical significance.
WHEREAS, Owner possesses fee title in and to that certain real property, together with
associated structures and improvements thereon, Assessor Parcel No. 569-071-20-00 and
generally located at the street address 21 "F" Street, Chula Vista, California, 91910, (the
"Historic Site").
WHEREAS, after a public hearing, the Chula Vista City Council declared and designated
the above property as Historical Site Number 9, pursuant to Chula Vista Municipal Code Section
2.32.070. A-F.
WHEREAS, City and Owner, for their mutual benefit, now desire to enter into this
Agreement both to protect and preserve the characteristics of historical significance of the
Historical Site and to qualify the Historical Site for an assessment of valuation pursuant to the
provisions of Article 1.9, (commencing with Section 439) of Chapter 3 of Part 2 of Division I of
the California Revenue and Taxation Code (and as amended from time to time).
NOW THEREFORE, in consideration of the mutual benefits and covenants, City and Owner
agree as follows:
~ - eft!
Page 2 of6
Mills Act Contract
1. Compliance with Council Policy. Ov.mer shall comply with Council Policy Number 454-
01 incorporated herein by this reference.
2.
Standards for Historical Site. During the term of this Agreement, the Historic Site shall
be subject to the following conditions, requirements, and restrictions:
!!, O\>.'ller should preserve and maintain the regulated characteristics of historical
significance of the Historic Site, and, where necessary and feasible, restore and
rehabilitate the property, in accordance with the rules and regulations published
by the Secretary of the Interior and as amended from time to time (Attachment
A). Work should be done in accordance with the attached schedule of potential
home improvements, drafted by the Owner (Attachment B).
£: Owner should maintain all buildings, structures, yards and other improvements in
a manner which does not detract from the appearance of the immediate
neighborhood. The following conditions are prohibited:
i. Dilapidated, deteriorating, or unrepaired structures, such as: fences, roofs,
doors, walls and windows;
ii. Scrap lumber, junk, trash or debris.
lll. Abandoned, discarded or unused objects or equipment, such as
automobiles, automobile parts, furniture, stoves, refrigerators, cans,
containers, or similar items;
iv. Stagnant water or excavations, including pools or spas;
v. Any device, decoration, design, structure or vegetation which is unsightly
by reason of its height, condition, or its inappropriate location.
~ Owner shall allow reasonable periodic examination of the Historic Site, by prior
appointment, if a request is made by representatives of the City of Chula Vista
Planning Department, County Assessor, State Department of Parks and
Recreation or the State Board of Equalization.
Q, The owner shall allow visibility of the exterior of the structure from the public
right-of-way.
~ Should owner apply to the City for a permit for demolition, substantial exterior
alteration or removal of the Historic Site, Owner shall attend and participate in a
scheduled hearing regarding such application before the board or comrnÏssion
designated by the City Council to oversee the City's historic resources prior to the
issuance of such permit, so long as such hearing is completed no longer than three
(3) weeks after owner submits such application to the City.
[ Notwithstanding the foregoing subparagraph 2.e, should Owner apply to the City
for a permit for the demolition, substantial exterior alteration or removal of the
Historic Site, Owner shall comply with all City and State of CalifornÏa
environmental regulations, policies and requirements prior to City issuance of the
requested permit.
Information of Compliance. Owner hereby agrees to furnish City with any and all
information requested by the City which the City deems necessary or advisable to
determine compliance with the terms and provisions of this Agreement.
3.
4. Cancellation. City, following a duly noticed public hearing as set forth in California
Government Code Sections 50280, et seq., may cancel this Agreement ifit determines
/...1-f7
Page 3 of 6
Mills Act Contract
that Owner has breached any of the conditions of this Agreement or has allowed the
property to deteriorate to the point that it no longer meets the City's or State's standards
for a qualified historic property. In addition, City may cancel this Agreement if it
determines that the Owner has failed to restore or rehabilitate the property in the manner
specified in subparagraph 2(a) ofthis Agreement, or has demolished, substantially altered
or removed the historic site. In the event of cancellation, Owner maybe subject to
payment of those cancellation fees set forth in California Government Code Section
50280, et seq.
5.
Enforcement of Agreement. In lieu of and/or in addition to any provisions related to
cancellation of the Agreement as referenced herein, City may specifically enforce or
enjoin the breach of the terms of this Agreement. In the event of a default under the
provisions of this Agreement by Owner, City will give written notice to Owner by
registered or certified mail addressed to the address stated in this Agreement, and if such
a violation is not corrected to the reasonable satisfaction of the City within thirty (30)
days (provided that acts to cure the breach or default must be commenced within thirty
(30) days and must thereafter be diligently pursued to completion by Owner), then City
may, without further notice, declare a default under the terms of this Agreement and may
bring any action necessary to specifically enforce the obligations of Owner growing out
ofterrns of this Agreement, apply to any court, state or federal for injunctive relief
against any violation by Owner or apply for such other relief as may be appropriate. City
does not waive any claim of default by Owner if City does not enforce or cancel this
Agreement. All other remedies of law or in equity which are not otherwise provided for
in this Agreement or in City's regulations governÏng historic sites are available to the
City to pursue in the event there is a breach of this Agreement. No waiver by City of any
breach or default under this Agreement shall be deemed to be a waiver of any other
subsequent breach thereof or default hereunder.
6. Binding Effects of Agreement. The Owner hereby subjects the Historic Site to the
covenants, reservations and restrictions as set forth in this Agreement. City and Owner
hereby declare their specific intent that the covenants, reservations, and restrictions as set
forth herein shall be deemed covenants running with the land and shall pass to and be
binding upon the Owner's successors and assigns in title or interest to the Historic Site.
Each and every contract, deed, or other instrument hereinafter executed, covering or
conveying the Historic Site, or any portion thereof, shall conclusively be held to have
been executed, delivered, and accepted subject to the covenants, reservations, and
restrictions expressed in this Agreement regardless of whether such covenants,
reservations, and restriction are set forth in such contract, deed, or other instrument. City
and Owner hereby declare their understanding and intent that the burden of the
covenants, reservations, and restrictions set forth herein, touch and concern the land, in
that Owner's legal interest in the Historic Site is rendered less valuable thereby. City and
Owner hereby further declare their understanding and intent that the benefit of such
covenants, reservations and restrictions, touch and concern the land by enhancing and
maintaining the historical characteristics and significance of the Historic Site for the
benefit of City, the public, and Owner.
/~ -;;0
Page 4 of 6
Mills Act Contract
7. Effective Date and Term of Agreement. This Agreement shall be effective and
commence on December 11, 2001 (but no earlier than approval of the agreement by the
City Council), and shall remain in effect for a term often (10) years thereafter. Each year
upon the anniversary of the effective date, such initial term will automatically be
extended as provided in paragraph 8 below.
8. Renewal. Each year on the anniversary of the effective date of this Agreement (the
"renewal date"), a year shall automatically be added to the initial term of this Agreement
unless notice of non-renewal is mailed as provided herein. If either Owner or City
desires in any year not to renew this Agreement, Owner or City shall serve written notice
of non-renewal on the other party in advance of the annual renewal date of the
Agreement. Unless such notice is served by Owner to City at least ninety (90) days prior
to the annual renewal date, or served by City to Owner at least sixty (60) days prior to the
annual renewal date, one (I) year shall automatically be added to the term of the
Agreement as provided herein. Upon receipt by Owner of a notice of non-renewal from
City, Owner may make a written protest of the notice. City may, at any time prior to the
annual renewal date of the Agreement, withdraw its notice of non-renewal. If either City
or Owner serves notice to the other of non-renewal in any year, the Agreement shall
remain in effect for the balance of the term then remaining, either from its original
execution or from the last renewal of the Agreement, whichever may apply.
9. Notice. Any notice required to be given by the terms of this Agreement shall be provided
at the address of the respective parties as specified below or at any other address as may
be later specified by either party.
To City:
City ofChula Vista
Attention: Director of Planning & Building
276 Fourth Avenue
Chula Vista, CA 91910
To Owner(s): Nicholas and Wanda Gistaro
21 "F" Street
Chula Vista, CA. 91910
/0< -71
10. General Provisions.
a. None of the terms, provisions, or conditions of this Agreement shall be deemed to
create a partnership between the parties and any oftheir heirs, successors, or
assigns, nor shall such terms, provisions, or conditions cause them to be
considered joint ventures or members of any joint enterprise.
Owner agrees to and shall hold City and its elected officials, officers, agents, and
employees harmless from liability for damage or claims for damage for personal
injuries, including death, and claims for property damage which may arise from
the direct or indirect use of operations of Owner or those of his or her contractor,
subcontractor, agent, employee or other person acting on his or her behalf which
relate to the use, operation, and maintenance of the Historic Site. Owner hereby
agrees to and shall defend the City and its elected Officials, officers, agents, and
employees with respect to any and all actions for damages caused by, or alleged
to have been caused by, reasons of Owner's activities in connection with the
Historic Site. This hold harmless provision applies to all damages and claims for
damages suffered, or alleged to have been suffered, by reason of the operations
referred to in this Agreement regardless of whether or not the City prepared,
supplied, or approved the plans, specifications, or other documents for the
Historic Site.
All of the agreements, rights, covenants, reservations, and restrictions contained
in this Agreement shall be binding upon and shall inure to the benefit of the
parties herein, their heirs, successors, legal representatives, assigns and all persons
acquiring any part or portion of the Historical Site, whether by operation of law or
in any manner whatsoever.
In the event that any of the provisions of this Agreement are held to be
unenforceable or invalid by any court of competent jurisdiction, or by subsequent
preemptive legislation, the validity and enforceability of the remaining provisions,
or portions thereof, shall not be effected thereby.
This Agreement shall not take effect unless and until Owner's signature is
notarized by a notary public. Furthermore, if an agent or representative of Owner
signs this Agreement on behalf of Owner, the agent or representative must furnish
proof, to the satisfaction of City, that the agent or representative has authority to
act on Owner's behalf.
This Agreement shall be construed and governed in accordance with the laws of
the State of California.
Page 5 of 6
Mills Act Contract
b.
c.
d.
e.
f.
lL Recordation. No later than twenty (20) days after the parties execute and enter into this
Agreement, City shall cause this Agreement to be recorded in the office of the County
Recorder of the County of San Diego.
R Amendments. This Agreement may be amended only by a written and recorded
instrument executed by the parties hereto
/ø{-~
Page 6 of 6
Mills Act Contract
SIGNATURE PAGE TO MILLS ACT AGREEMENT FOR
21 "F" Street, Chula Vista, CA. 91910
CITY OF CHULA VISTA
OWNER(S) OF RECORD
Date:
Date:
Approved:
Shirley Horton, Mayor
By:
(Notarized Signature)
Date:
Date:
Attest:
By:
(Notarized Signature)
Susan Bigelow, City Clerk
Date:
Approved as to form:
John Kaheny, City Attorney
OWNERS PLEASE HAVE NOTARY PUBLIC ATTACH A SEPARATE PROOF OF
NOTARY PAGE WITH SIGNATURE AND SEAL.
/.-1 -J:3
ATTACHMENT "A"
SECRETARY OF THE INTERIOR STANDARDS FOR RESTORATION AND
REHABILITATION OF HISTORIC STRUCTURES
1.
A property shall be used for its historic pUrpose or be placed in a new use that requires
minimal change to the defining characteristics of the building and its site and
environment.
2.
The historic character of a property shall be retained and preserved. The removal of
historic materials or alterations of features and spaces that characterize a property shall be
avoided.
3.
Each property shall be recognized as a physical record of its time, place, and use.
Changes that create a false sense of historical development, such as adding conjectural
features or architectural elements from other buildings, shall not be undertaken.
4.
Most properties change over time; those changes that have acquired historic significance
in their own right shall be retained and preserved.
5.
Distinctive features, finishes, and construction techniques or examples of craftsmanship
that characterize a property shall be preserved.
6.
Deteriorated historic features shall be repaired rather than replaced. Where the severity of
deterioration requires replacement of a distinctive feature, the new feature shall match the
old in design, color, texture, and other visual qualities and, where possible, materials.
7.
Chemical or physical treatments, such as sandblasting, that cause damage to historic
materials shall not be used. The surface cleaning of structures, if appropriate, shall be
undertaken using the gentlest means possible.
8.
Significant archaeological resources affected by a project shall be protected and preserved.
If such resources must be disturbed, mitigation measures shall be undertaken.
9. New additions, exterior alterations, or related new construction shall not destroy historic
materials that characterize the property. The new work shall be differentiated from the old
and shall be compatible with the massing, size, scale, and architectural features to protect
the historic integrity of the property and its environment.
10. New additions and adjacent or related new construction shall be undertaken in such a
manner that if removed in the future, the essential form and integrity of the historic
property and its environment would be unimpaired.
/.2. - ý~
A TT ACHMENT "B"
MILLS ACT AGREEMENT SUPPLEMENTAL
(To be completed by the Owner)
Please list, to the best of your knowledge, the improvements that have been made over
the past I 0 years to maintain or rehabilitate this property.
YEAR( . IMPROVEMENT
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\r--'-C?\ì'.""?Y'~,:> ~f~ùC:.'.e., l~ ""'j
LcY'----J? <:. ú.f <2
Please list the improvements and restorations that you intend to make over the next 10
years. List them in order of your priority based upon anticipated need for proper
maintenance.
I I .-i
q) -10 fre><2V\ \
PRIORITY
P i, (Ii: ~)
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t-E'<,.-\C í ~ W~dc&t-"~> '\6 \=,'-Vyte.{~ÐY'\
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\~""i:, ef. :J '"'-c s.-\;~~-,< Q i&o.. r Ý\
OWNER CERTIFICATION:
IMPROVEMENT /RESTORATIONS
LÛ/)'-¿ s C o..p ---Q.
. ,
I certify that I am presently the legal owner of the subject property. Further, I
acknowledge the supplemental information on this form will be used as an exhibit
attached to the Mills Act Agreement
Date:
Si !nature:
/.-1- 75
21 "F" Street
Starkey House
/~-fb
CHULA VISTA PLANNING AND BUILDING DEPARTMENT
LOCATOR Ä~~~I~~1T THE NADINE DAVIES HOUSE PROJECT OESCRIPTION:
ø PROJECT Mills Act ProQram Applicant
ADORESS: t1~/SECOND AVENUE
SCALE: I FILE NUMBER:
NORTH No Scale 573-180-16-00
h :\homelpianningliocatorsl 12/03/01
/;)-97
Recording Requested by and
Please Return 10:
City Clerk
City of Chu1a Vista
P.O. Box 1087
Chula Vista, CA 91912
APN(s) 573-180-16-00
D
This Space for Recorder's Use Only
D
MILLS ACT AGREEMENT
For property located at 614-616 Second Avenue, Chula Vista, CA 91910
THIS AGREEMENT is entered into by and between THE CITY OF CHULA VISTA, a
municipal corporation ("City") and Pamela Bensoussan and David Bensoussan ("Owners").
RECITALS
WHEREAS, California Government Code Section 50280, et seq., referred to as the Mills
Act, authorized cities to enter into contracts with the owners of qualified historical properties to
provide for the use, maintenance, and restoration of such historical properties so as to retain their
cha..-acteristics as properties of historical significance.
WHEREAS, Owner possesses fee title in and to that certain real property, together with
associated structures and improvements thereon, Assessor Parcel No. 573-180-16-00, and
generally located at the street address 614-616 Second Avenue, Chula Vista, CalifornÏa, 91910,
(the "Historic Site").
WHEREAS, after a public hearing, the Chula Vista City Council declared and designated
the above property as Historical Site Nurnber(s) 41 and 42, pursuant to Chula Vista Municipal
Code Section 2.32.070. A-F.
WHEREAS, City and Owner, for their mutual benefit, now desire to enter into this
Agreement both to protect and preserve the characteristics of historical significance ofthe
Historical Site and to qualify the Historical Site for an assessment of valuation pursuant to the
provisions of Article 1.9, (commencing with Section 439) of Chapter 3 of Part 2 of Division I of
the CalifornÏa Revenue and Taxation Code (and as amended from time to time).
NOW THEREFORE, in consideration of the mutual benefits and covenants, City and Owner
agree as follows:
/..,¿ -78
Page 2 of 6
Mills Act Contract
1. Compliance with Council Policy. Owner shall comply with Council Policy Number 454-
01 incorporated herein by this reference.
2. Standards for Historical Site. During the term of this Agreement, the Historic Site shall
be subject to the following conditions, requirements, and restrictions:
~ Owner should preserve and maintain the regulated characteristics of historical
significance of the Historic Site, and, where necessary and feasible, restore and
rehabilitate the property, in accordance with the rules and regulations published
by the Secretary of the Interior and as amended from time to time (Attachment
A). Work should be done in accordance with the attached schedule of potential
home improvements, drafted by the Owner (Attachment B).
£: Owner should maintain all buildings, structures, yards and other improvements in
a manner which does not detract from the appearance of the immediate
neighborhood. The following conditions are prohibited:
i. Dilapidated, deteriorating, or unrepaired structures, such as: fences, roofs,
doors, walls and windows;
ii. Scrap lumber, junk, trash or debris.
iii. Abandoned, discarded or unused objects or equipment, such as
automobiles, automobile parts, furniture, stoves, refrigerators, cans,
containers, or similar items;
iv. Stagnant water or excavations, including pools or spas;
v. Any device, decoration, design, structure or vegetation which is unsightly
by reason of its height, condition, or its inappropriate location.
~ Owner shall allow reasonable periodic examination of the Historic Site, by prior
appointment, if a request is made by representatives ofthe City of Chula Vista
Planning Department, County Assessor, State Department of Parks and
Recreation or the State Board of Equalization.
~ The owner shall allow visibility of the exterior of the structure from the public
right-of-way.
~ Should owner apply to the City for a permit for demolition, substantial exterior
alteration or removal of the Historic Site, Owner shall attend and participate in a
scheduled hearing regarding such application before the board or commission
designated by the City Council to oversee the City's historic resources prior to the
issuance of such permit, so long as such hearing is completed no longer than three
(3) weeks after owner submits such application to the City.
[ Notwithstanding the foregoing subparagraph 2.e, should Owner apply to the City
for a permit for the demolition, substantial exterior alteration or removal of the
Historic Site, Owner shall comply with all City and State of California
environmental regulations, policies and requirements prior to City issuance of the
requested permit.
3. Information of Compliance. Owner hereby agrees to furnish City with any and all
information requested by the City which the City deems necessary or advisable to
determine compliance with the terms and provisions of this Agreement.
4. Cancellation. City, following a duly noticed public hearing as set forth in California
Government Code Sections 50280, et seq., may cancel this Agreement if it determines
/~ - ff
Page 3 of 6
Mills Act Contract
that Owner has breached any of the conditions of this Agreement or has allowed the
property to deteriorate to the point that it no longer meets the City's or State's standards
for a qualified historic property. In addition, City may cancel this Agreement if it
determines that the Owner has failed to restore or rehabilitate the property in the manner
specified in subparagraph 2(a) of this Agreement, or has demolished, substantially altered
or removed the historic site. In the event of cancellation, Owner maybe subject to
payment of those cancellation fees set forth in California Government Code Section
50280, et seq.
5.
Enforcement of Agreement. In lieu of and/or in addition to any provisions related to
cancellation of the Agreement as referenced herein, City may specifically enforce or
enjoin the breach of the terms of this Agreement. In the event of a default under the
provisions of this Agreement by Owner, City will give written notice to Owner by
registered or certified mail addressed to the address stated in this Agreement, and if such
a violation is not corrected to the reasonable satisfaction of the City within thirty (30)
days (provided that acts to cure the breach or default must be commenced within thirty
(30) days and must thereafter be diligently pursued to completion by Owner), then City
may, without further notice, declare a default under the terms of this Agreement and may
bring any action necessary to specifically enforce the obligations of Owner growing out
of terms of this Agreement, apply to any court, state or federal for injunctive relief
against any violation by Owner or apply for such other relief as may be appropriate. City
does not waive any claim of default by Owner if City does not enforce or cancel this
Agreement. All other remedies of law or in equity which are not otherwise provided for
in this Agreement or in City's regulations governing historic sites are available to the
City to pursue in the event there is a breach of this Agreement. No waiver by City of any
breach or default under this Agreement shall be deemed to be a waiver of any other
subsequent breach thereof or default hereunder.
6. Binding Effects of Agreement. The Owner hereby subjects the Historic Site to the
covenants, reservations and restrictions as set forth in this Agreement. City and Owner
hereby declare their specific intent that the covenants, reservations, and restrictions as set
forth herein shall be deemed covenants running with the land and shall pass to and be
binding upon the Owner's successors and assigns in title or interest to the Historic Site.
Each and every contract, deed, or other instrument hereinafter executed, covering or
conveying the Historic Site, or any portion thereof, shall conclusively be held to have
been executed, delivered, and accepted subject to the covenants, reservations, and
restrictions expressed in this Agreement regardless of whether such covenants,
reservations, and restriction are set forth in such contract, deed, or other instrument. City
and Owner hereby declare their understanding and intent that the burden of the
covenants, reservations, and restrictions set forth herein, touch and concern the land, in
that Owner's legal interest in the Historic Site is rendered less valuable thereby. City and
Owner hereby further declare their understanding and intent that the benefit of such
covenants, reservations and restrictions, touch and concern the land by enhancing and
maintaining the historical characteristics and significance of the Historic Site for the
benefit of City, the public, and Owner.
/ ~ -Ico
Page 4 of 6
Mills Act Contract
7. Effective Date and Term of Agreement. This Agreement shall be effective and
commence on December 11, 200l(but no earlier than approval of the agreement by the
City Council), and shall remain in effect for a term often (10) years thereafter. Each year
upon the anniversary of the effective date, such initial term will automatically be
extended as provided in paragraph 8 below.
8. Renewal. Each year on the anniversary of the effective date of this Agreement (the
"renewal date"), a year shall automatically be added to the initial term of this Agreement
unless notice of non-renewal is mailed as provided herein. If either Owner or City
desires in any year not to renew this Agreement, Owner or City shall serve written notice
of non-renewal on the other party in advance of the annual renewal date of the
Agreement. Unless such notice is served by Owner to City at least ninety (90) days prior
to the annual renewal date, or served by City to Owner at least sixty (60) days prior to the
annual renewal date, one (I) year shall automatically be added to the term ofthe
Agreement as provided herein. Upon receipt by Owner of a notice of non-renewal ftom
City, Owner may make a written protest of the notice. City may, at any time prior to the
annual renewal date of the Agreement, withdraw its notice of non-renewal. If either City
or Owner serves notice to the other of non-renewal in any year, the Agreement shall
remain in effect for the balance of the term then remaining, either from its original
execution or from the last renewal of the Agreement, whichever may apply.
9. Notice. Any notice required to be given by the terms of this Agreement shall be provided
at the address of the respective parties as specified below or at any other address as may
be later specified by either party.
To City:
City of Chula Vista
Attention: Director of Planning & Building
276 Fourth Avenue
Chula Vista, CA 91910
To Owner(s): Pamela and David Bensoussan
614-614 Second Avenue
Chula Vista, CA 91910
/-.<-/0/
10. General Provisions.
a. None of the terms, provisions, or conditions of this Agreement shall be deemed to
create a partnership between the parties and any of their heirs, successors, or
assigns, nor shall such terms, provisions, or conditions cause them to be
considered joint ventures or members of any joint enterprise.
Owner agrees to and shall hold City and its elected officials, officers, agents, and
employees harmless from liability for damage or claims for damage for personal
injuries, including death, and claims for property damage which may arise from
the direct or indirect use of operations of Owner or those of his or her contractor,
subcontractor, agent, employee or other person acting on his or her behalf which
relate to the use, operation, and maintenance ofthe Historic Site. Owner hereby
agrees to and shall defend the City and its elected Officials, officers, agents, and
employees with respect to any and all actions for damages caused by, or alleged
to have been caused by, reasons of Owner's activities in connection with the
Historic Site. This hold harmless provision applies to all damages and claims for
damages suffered, or alleged to have been suffered, by reason of the operations
referred to in this Agreement regardless of whether or not the City prepared,
supplied, or approved the plans, specifications, or other documents for the
Historic Site.
All of the agreements, rights, covenants, reservations, and restrictions contained
in this Agreement shall be binding upon and shall inure to the benefit of the
parties herein, their heirs, successors, legal representatives, assigns and all persons
acquiring any part or portion of the Historical Site, whether by operation of law or
in any manner whatsoever.
In the event that any ofthe provisions of this Agreement are held to be
unenforceable or invalid by any court of competent jurisdiction, or by subsequent
preemptive legislation, the validity and enforceability of the remaining provisions,
or portions thereof, shall not be effected thereby.
This Agreement shall not take effect unless and until Owner's signature is
notarized by a notary public. Furthermore, if an agent or representative of Owner
signs this Agreement on behalf of Owner, the agent or representative must furnish
proof, to the satisfaction of City, that the agent or representative has authority to
act on Owner's behalf.
This Agreement shall be construed and governed in accordance with the laws of
the State of CalifornÏa.
Page 5 of 6
Mills Act Contract
b.
c.
d.
e.
f.
11. Recordation. No later than twenty (20) days after the parties execute and enter into this
- Agreement, City shall cause this Agreement to be recorded in the office of the County
Recorder of the County of San Diego.
g Amendments. This Agreement may be amended only by a written and recorded
instrument executed by the parties hereto
/~ -/0,<
Page 6 of 6
Mills Act Contract
SIGNATURE PAGE TO MILLS ACT AGREEMENT FOR
614-616 Second Avenue, Chula Vista, CA 91910
CITY OF CHULA VISTA
OWNER(S) OF RECORD
Date:
Date:
Approved:
Shirley Horton, Mayor
By:
(Notarized Signature)
Date:
Date:
Attest:
Susan Bigelow, City Clerk
By:
(Notarized Signature)
Date:
Approved as to form:
John Kaheny, City Attorney
OWNERS PLEASE HAVE NOTARY PUBLIC ATTACH A SEPARATE PROOF OF
NOTARY PAGE WITH SIGNATURE AND SEAL.
~-/()3
ATTACHMENT "A"
SECRETARY OF THE INTERIOR STANDARDS FOR RESTORATION AND
REHABILITATION OF HISTORIC STRUCTURES
I.
A property shall be used for its historic purpose or be placed in a new use that requires
minimal change to the defining characteristics of the building and its site and
environment.
2.
The historic character of a property shall be retained and preserved. The removal of
historic materials or alterations of features and spaces that characterize a property shall be
avoided. .
3.
Each property shall be recognized as a physical record of its time, place, and use.
Changes that create a false sense of historical development, such as adding conjectural
features or architectural elements from other buildings, shall not be undertaken.
4.
Most properties change over time; those changes that have acquired historic significance
in their own right shall be retained and preserved.
5.
Distinctive features, finishes, and construction techniques or examples of craftsmanship
that characterize a property shall be preserved.
6.
Deteriorated historic features shall be repaired rather than replaced. Where the severity of
deterioration requires replacement of a distinctive feature, the new feature shall match the
old in design, color, texture, and other visual qualities and, where possible, materials.
7.
Chemical or physical treatments, such as sandblasting, that cause damage to historic
materials shall not be used. The surface cleaning of structures, if appropriate, shall be
undertaken using the gentlest means possible.
8.
Significant archaeological resources affected by a project shall be protected and preserved.
If such resources must be disturbed, mitigation measures shall be undertaken.
9. New additions, exterior alterations, or related new construction shall not destroy historic
materials that characterize the property. The new work shall be differentiated from the old
and shall be compatible with the massing, size, scale, and architectural features to protect
the historic integrity of the property and its environment.
10. New additions and adjacent or related new construction shall be undertaken in such a
manner that if removed in the future, the essential form and integrity of the historic
property and its environment would be unimpaired.
/o<! -/tJ-f
ATTACHMENT "B"
MILLS ACT AGREEMENT SUPPLEMENTAL
(To be completed by the Owner)
Please list, to the best of your knowledge, the improvements that have been made over
the past I 0 years to maintain or rehabilitate this property.
YEAR
IMPROVEMENT (" A J..-
, Y 1l'1"reVIOv U)OOc1WOVf--,,\
¡qq(ß-QZ 1^é'-:oturc7'LÌìOI1 0 Lf\1C1.,-n-f/()cr/('ue(
\ i c¡ C9 - P re ':é' At- ( a.f\J..s C CSLp' I ~ c.\". Ii . ' --'
~o--ue. hOlO~ e)(\E'/'"\~IL/e c;urd,,"-t fee T(..(rQ{ O{vc(WI1115
Jon.e lO 1"'(2 c¡-ec,d'e.- ClrCl-Ç'y<;r'V7Qfì PC7YU1'PS,
M.Clc.h, f'v\ct I r~'¡"C(ryel e«:-.r
Please list the improvements and restorations that you intend to make over the next 10
years. List them in order of your priority based upon anticipated need for proper
maintenance.
PRIORITY IMPROVEMENTIRESTORATIONS
I. BOrA Houses Shout) he. 'ï[fð:{ìd -{'Ol- Te¡R~t1ès/
2. rCÀ-l~i'\\II'\~ bo't1'\ b-ìOVt<;.es c,.J\'ft., h.l~"yor¡c colo¡-s-
'). 'RE'<;1lJre-fOrc~>, . 5 {UC¡¡I~ 2 [loUSó'5
i..{. ?ec~c ,-fe-i'ÌCR... il'Î ~1-Ct:{-{fV1C{Vl.::j(e ep f
S', WV\\ll'\l1e t-e<;.ìo:If1111'\ler\C\
(c;. re<;'f{'} rLe -e),E,Vé1..to ¡- -+ basew7ert'( -~
:::¡.., c.or':TlIllAeJ} j11tZ1J1{o/)ar7Ce '70 re S 'to¡-~/1( ;111 ~
I" ( S I'D v I c cd I V\ è e (p:¡ ") C ¿ ¡) J
OWNER CERTIFICATION:
I certify that I am presently the legal owner of the subject property. Further, I
acknowledge the supplemental information on this form will be used as an exhibit
attached to the Mills Act Agreement.
Date:
Sil1:nature:.!
/J,-/(/5
/~ 7Ò~
--
/.), -/ð 7
CHULA VISTA PLANNING AND BUILDING DEPARTMENT
LOCATOR Ä~~~I~~1T: THE JENNIE MacDONALD HOUSE PROJECT DESCRIPTION:
C) PROJECT 644 SECOND AVENUE Mills Act Program Applicant
ADDRESS: SCALE: I FILE NUMBER:
NORTH No Scale 573-180-23-00
h :Ihomelplannlngllocatorsl 12/04/01
A -/tJ?
Recording Requested by and
Please Return to:
City Clerk
City ofChula Vista
P.O. Box 1087
Chula Vista, CA 91912
D
This Space for Recorder's Use Only
D
APN(s) 573-180-23
MILLS ACT AGREEMENT
For property located at 644 Second Avenue Chula Vista, CA. 91910
THIS AGREEMENT is entered into by and between THE CITY OF CHULA VISTA, a
municipal corporation ("City") and James R. McVeigh and Imozelle T. Mcveigh ("Owners").
RECITALS
WHEREAS, CalifornÏa Government Code Section 50280, et seq., referred to as the Mills
Act, authorized cities to enter into contracts with the owners of qualified historical properties to
provide for the use, maintenance, and restoration of such historical properties so as to retain their
characteristics as properties of historical significance.
WHEREAS, Owner possesses fee title in and to that certain real property, together with
associated structures and improvements thereon, Assessor Parcel No. 573-180-23, and generally
located at the street address 644 Second Avenue, Chula Vista, California, 91910, (the "Historic
Site").
WHEREAS, after a public hearing, the Chula Vista City Council declared and designated
the above property as Historical Site Number 44, pursuant to Chula Vista Municipal Code
Section 2.32.070. A-F.
WHEREAS, City and Owner, for their mutual benefit, now desire to enter into this
Agreement both to protect and preserve the characteristics of historical significance of the
Historical Site and to qualify the Historical Site for an assessment of valuation pursuant to the
provisions of Article 1.9, (commencing with Section 439) of Chapter 3 of Part 2 of Division 1 of
the California Revenue and Taxation Code (and as amended from time to time).
NOW THEREFORE, in consideration of the mutual benefits and covenants, City and Owner
agree as follows:
Þ1-ßr
Page 2 of 6
Mills Act Contract
1. Compliance with Council Policy. Owner shall comply with Council Policy Number
454-01 incorporated herein by this reference.
2. Standards for Historical Site. During the term of this Agreement, the Historic Site shall
be subject to the following conditions, requirements, and restrictions:
~ Owner should preserve and maintain the regulated characteristics of historical
significance of the Historic Site, and, where necessary and feasible, restore and
rehabilitate the property, in accordance with the rules and regulations published
by the Secretary of the Interior and as amended from time to time (Attachment
A). Work should be done in accordance with the attached schedule of potential
home improvements, drafted by the Owner (Attachment B).
£: Owner should maintain all buildings, structures, yards and other improvements in
a manner which does not detract from the appearance of the immediate
neighborhood. The following conditions are prohibited:
i. Dilapidated, deteriorating, or unrepaired structures, such as: fences, roofs,
doors, walls and windows;
ii. Scrap lumber, junk, trash or debris.
iii. Abandoned, discarded or unused objects or equipment, such as
automobiles, automobile parts, furniture, stoves, refrigerators, cans,
containers, or similar items;
iv. Stagnant water or excavations, including pools or spas;
v. Any device, decoration, design, structure or vegetation which is unsightly
by reason of its height, condition, or its inappropriate location.
~ Owner shall allow reasonable periodic examination of the Historic Site, by prior
appointment, if a request is made by representatives of the City of Chula Vista
Planning Department, County Assessor, State Department of Parks and
Recreation or the State Board of Equalization.
4, The owner shall allow visibility of the exterior of the structure from the public
right-of-way.
~ Should owner apply to the City for a permit for demolition, substantial exterior
alteration or removal of the Historic Site, Owner shall attend and participate in a
scheduled hearing regarding such application before the board or commission
designated by the City Council to oversee the City's historic resources prior to the
issuance of such permit, so long as such hearing is completed no longer than three
(3) weeks after owner submits such application to the City.
[ Notwithstanding the foregoing subparagraph 2.e, should Owner apply to the City
for a permit for the demolition, substantial exterior alteration or removal of the
Historic Site, Owner shall comply with all City and State ofCalifornÏa
environmental regulations, policies and requirements prior to City issuance of the
requested permit.
3. Information of Compliance. Owner hereby agrees to furnish City with any and all
information requested by the City which the City deems necessary or advisable to
determine compliance with the terms and provisions of this Agreement.
4. Cancellation. City, following a duly noticed public hearing as set forth in California
Government Code Sections 50280, et seq., may cancel this Agreement ifit determines
/.1-//ó
Page 3 of 6
Mills Act Contract
that Owner has breached any of the conditions of this Agreement or has allowed the
property to deteriorate to the point that it no longer meets the City's or .State's standards
for a qualified historic property. In addition, City may cancel this Agreement if it
determines that the Owner has failed to restore or rehabilitate the property in the manner
specified in subparagraph 2(a) of this Agreement, or has demolished, substantially altered
or removed the historic site. In the event of cancellation, Owner maybe subject to
payment of those cancellation fees set forth in California Government Code Section
50280, et seq.
5.
Enforcement of Agreement. In lieu of and/or in addition to any provisions related to
cancellation of the Agreement as referenced herein, City may specifically enforce or
enj oin the breach of the terms of this Agreement. In the event of a default under the
provisions of this Agreement by Owner, City will give written notice to Owner by
registered or certified mail addressed to the address stated in this Agreement, and if such
a violation is not corrected to the reasonable satisfaction of the City within thirty (30)
days (provided that acts to cure the breach or default must be commenced within thirty
(30) days and must thereafter be diligently pursued to completion by Owner), then City
may, without further notice, declare a default under the terms of this Agreement and may
bring any action necessary to specifically enforce the obligations of Owner growing out
of terms of this Agreement, apply to any court, state or federal for injunctive relief
against any violation by Owner or apply for such other relief as may be appropriate. City
does not waive any claim of default by Owner if City does not enforce or cancel this
Agreement. All other remedies of law or in equity which are not otherwise provided for
in this Agreement or in City's regulations governing historic sites are available to the
City to pursue in the event there is a breach of this Agreement. No waiver by City of any
breach or default under this Agreement shall be deemed to be a waiver of any other
subsequent breach thereof or default hereunder.
6. Binding Effects of Agreement. The Owner hereby subjects the Historic Site to the
covenants, reservations and restrictions as set forth in this Agreement. City and Owner
hereby declare their specific intent that the covenants, reservations, and restrictions as set
forth herein shall be deemed covenants running with the land and shall pass to and be
binding upon the Owner's successors and assigns in title or interest to the Historic Site.
Each and every contract, deed, or other instrument hereinafter executed, covering or
conveying the Historic Site, or any portion thereof, shall conclusively be held to have
been executed, delivered, and accepted subject to the covenants, reservations, and
restrictions expressed in this Agreement regardless of whether such covenants,
reservations, and restriction are set forth in such contract, deed, or other instrument. City
and Owner hereby declare their understanding and intent that the burden of the
covenants, reservations, and restrictions set forth herein, touch and concern the land, in
that Owner's legal interest in the Historic Site is rendered less valuable thereby. City and
Owner hereby further declare their understanding and intent that the benefit of such
covenants, reservations and restrictions, touch and concern the land by enhancing and
maintaining the historical characteristics and significance of the Historic Site for the
benefit of City, the public, and Owner.
~ -/ / j
Page 4 of 6
Mills Act Contract
7. Effective Date and Term of Agreement. This Agreement shall be effective and
commence on December 11, 200 I (but no earlier than approval of the agreement by the
City Council) and shall remain in effect for a term often (10) years thereafter. Each year
upon the anniversary of the effective date, such initial term will automatically be
extended as provided in paragraph 8 below.
8. Renewal. Each year on the anniversary of the effective date of this Agreement (the
"renewal date"), a year shall automatically be added to the initial term of this Agreement
unless notice of non-renewal is mailed as provided herein. If either Owner or City
desires in any year not to renew this Agreement, Owner or City shall serve written notice
of non-renewal on the other party in advance ofthe annual renewal date of the
Agreement. Unless such notice is served by Owner to City at least ninety (90) days prior
to the annual renewal date, or served by City to Owner at least sixty (60) days prior to the
annual renewal date, one (I) year shall automatically be added to the term of the
Agreement as provided herein. Upon receipt by Owner of a notice of non-renewal from
City, Owner may make a written protest of the notice. City may, at any time prior to the
annual renewal date of the Agreement, withdraw its notice of non-renewal. If either City
or Owner serves notice to the other of non-renewal in any year, the Agreement shall
remain in effect for the balance of the term then remaining, either from its original
execution or from the last renewal of the Agreement, whichever may apply.
9. Notice. Any notice required to be given by the terms of this Agreement shall be provided
at the address ofthe respective parties as specified below or at any other address as may
be later specified by either party.
To City:
City ofChula Vista
Attention: Director of Planning & Building
276 Fourth Avenue
Chula Vista, CA 91910
To Owner(s): James and Imozelle McVeigh
644 Second Avenue
Chula Vista, CA. 91910
/~-/a.
10. General Provisions.
a. None of the terms, provisions, or conditions of this Agreement shall be deemed to
create a partnership between the parties and any of their heirs, successors, or
assigns, nor shall such terms, provisions, or conditions cause them to be
considered joint ventures or members of any joint enterprise.
Owner agrees to and shall hold City and its elected officials, officers, agents, and
employees harmless from liability for damage or claims for damage for personal
injuries, including death, and claims for property damage which may arise from
the direct or indirect use of operations of Owner or those of his or her contractor,
subcontractor, agent, employee or other person acting on his or her behalf which
relate to the use, operation, and maintenance of the Historic Site. Owner hereby
agrees to and shall defend the City and its elected Officials, officers, agents, and
employees with respect to any and all actions for damages caused by, or alleged
to have been caused by, reasons of Owner's activities in connection with the
Historic Site. This hold harmless provision applies to all damages and claims for
damages suffered, or alleged to have been suffered, by reason of the operations
referred to in this Agreement regardless of whether or not the City prepared,
supplied, or approved the plans, specifications, or other documents for the
Historic Site.
All of the agreements, rights, covenants, reservations, and restrictions contained
in this Agreement shall be binding upon and shall inure to the benefit of the
parties herein, their heirs, successors, legal representatives, assigns and all persons
acquiring any part or portion of the Historical Site, whether by operation oflaw or
in any manner whatsoever.
In the event that any of the provisions ofthis Agreement are held to be
unenforceable or invalid by any court of competent jurisdiction, or by subsequent
preemptive legislation, the validity and enforceability ofthe remaining provisions,
or portions thereof, shall not be effected thereby.
This Agreement shall not take effect unless and until Owner's signature is
notarized by a notary public. Furthermore, if an agent or representative of Owner
signs this Agreement on behalf of Owner, the agent or representative must furnish
proof, to the satisfaction of City, that the agent or representative has authority to
act on Owner's behalf.
This Agreement shall be construed and governed in accordance with the laws of
the State of California.
Page 5 of 6
Mills Act Contract
b.
c.
d.
e.
f.
lL Recordation. No later than twenty (20) days after the parties execute and enter into this
Agreement, City shall cause this Agreement to be recorded in the office of the County
Recorder of the County of San Diego.
12. Amendments. This Agreement may be amended only by a written and recorded
instrument executed by the parties hereto
/~ - //3
Page 6 of 6
Mills Act Contract
SIGNATURE PAGE TO MILLS ACT AGREEMENT FOR
644 Second Avenue Chula Vista, CA. 91910
CITY OF CHULA VISTA
Date:
OWNER(S) OF RECORD
Date: \- ~'S .0\
Approved:
Shirley Horton, Mayor
By& ~ ¿I"
(NotarIzed Signature)
Date: \1!'l.'i>!c.1
Date:
Attest:
Susan Bigelow, City Clerk
By:
Date:
Approved as to form:
John Kaheny, City Attorney
OWNERS PLEASE HAVE NOTARY PUBLIC ATTACH A SEPARATE PROOF OF
NOTARY PAGE WITH SIGNATURE AND SEAL.
/~ -/j y?
ATTACHMENT "A"
SECRETARY OF THE INTERIOR STANDARDS FOR RESTORATION AND
REHABILITATION OF HISTORIC STRUCTURES
I.
A property shall be used for its historic purpose or be placed in a new use that requires
minimal change to the defining characteristics of the building and its site and
environment.
2.
The historic character of a property shall be retained and preserved. The removal of
historic materials or alterations of features and spaces that characterize a property shall be
avoided.
3.
Each property shall be recognized as a physical record of its time, place, and use.
Changes that create a false sense of historical development, such as adding conjectural
features or architectural elements from other buildings, shall not be undertaken.
4.
Most properties change over time; those changes that have acquired historic significance
in their own right shall be retained and preserved.
5.
Distinctive features, finishes, and construction techniques or examples of craftsmanship
that characterize a property shall be preserved.
6.
Deteriorated historic features shall be repaired rather than replaced. Where the severity of
deterioration requires replacement of a distinctive feature, the new feature shall match the
old in design, color, texture, and other visual qualities and, where possible, materials.
7.
Chemical or physical treatments, such as sandblasting, that cause damage to historic
materials shall not be used. The surface cleaning of structures, if appropriate, shall be
undertaken using the gentlest means possible.
8.
Significant archaeological resources affected by a project shall be protected and preserved.
If such resources must be disturbed, mitigation measures shall be undertaken.
9. New additions, exterior alterations, or related new construction shall not destroy historic
materials that characterize the property. The new work shall be differentiated from the old
and shall be compatible with the massing, size, scale, and architectural features to protect
the historic integrity of the property and its environment
10. New additions and adjacent or related new construction shall be undertaken in such a
manner that if removed in the future, the essential form and integrity of the historic
property and its environment would be unimpaired.
/..<.-//5'"
ATTACHMENT "B"
MILLS ACT AGREEMENT SUPPLEMENTAL
(To be completed by the Owner)
Please list, to the best of your knowledge, the improvements that have been made over
the past 1 0 years to maintain or rehabilitate this property.
YEAR IMPROVEMENT
1999 Rear yard landscaping and gazebo
1997 Rebuild and tile kitchen floor
1996 Exterior paint
1995 Upgrade electrical services
1995 Room addition at rear of house
1995 Refinish hardwood floors
1995 Replace front door
Please list the improvements and restorations that you intend to make over the next 1 0
years. List them in order of your priority based upon anticipated need for proper
maintenance.
PRIORITY
IMPROVEMENT /RESTORATIONS
Restore and paint exterior woodwork
2
3
Rebuild and restore windows
New roof
,4
5
Rebuild brick walkways
Seismic retrofit (bolt house to foundation)
6
Exterior paint
OWNER CERTIFICATION:
I certify that I am presently the legal owner of the subject property. Further, I
acknowledge the supplemental information on this form will be used as an exhibit
attached to the Mills Act Agreement.
Date:
/-<-//6
)::-
~
""
"J
644 Second Avenue - Street view, above; rear view, below
644 Second Avenue - South side, above; north side, below
C HULA VISTA PLANNING AND BUILDING DEPARTMENT
LOCATOR Ä~~cl~~1T: THE DUPREE-GOULD HOUSE PROJECT OESCRIPTION:
C) PROJECT 344 HILLTOP DRIVE Mills Act ProÇJram Applicant
ADDRESS: SCALE: I FILE NUMBER:
NORTH No Scale 569-200-01-00
h :Ihomelpianningliocatorsl 12/03/01
~ -// p
Recordmg Requested by and
Plea.<e Return to:
City Clerk
City ofChula Vista
P.O. Box 1087
Chula Vista, CA 91912
APN(s) 569-200-01-00
D
This Space for Recorder's Use Only
D
MILLS ACT AGREEMENT
For property located at 344 Hilltop Drive, Chula Vista, CA. 91910
THIS AGREEMENT is entered into by and between THE CITY OF CHULA VISTA, a
municipal corporation ("City") and Juan Carlos Fox and John Elbert Fox ("Owners").
RECITALS
WHEREAS, California Government Code Section 50280, et seq., referred to as the Mills
Act. authorized cities to enter into contracts with the owners of qualified historical properties to
pro\'ide for the use, maintenance, and restoration of such historical properties so as to retain their
characteristics as properties of historical significance.
WHEREAS, Owner possesses fee title in and to that certain real property, together with
associated structures and improvements thereon, Assessor Parcel No. 569-200-01-00, and
generally located at the street address 344 Hilltop Drive, Chula Vista, California, 91910, (the
"Historic Site").
WHEREAS, after a public hearing, the Chula Vista City Council declared and designated
the above property as Historical Site Number 22, pursuant to Chula Vista Municipal Code
Section 2.32.070. A-F.
WHEREAS, City and Owner, for their mutual benefit, now desire to enter into this
Agreement both to protect and preserve the characteristics of historical significance of the
Historical Site and to qualify the Historical Site for an assessment of valuation pursuant to the
provisions of Article 1.9, (commencing with Section 439) of Chapter 3 of Part 2 of Division I of
the CalifornÏa Revenue and Taxation Code (and as amended from time to time).
NOW THEREFORE, in consideration of the mutual benefits and covenants, City and Owner
agree as follows:
/..1-//1
Page2of6
~f'¡L ,\u CO""oct
1. Compliance with Council PoliC\'. Owner shall comply ,,'ith Council Policy Number 454-
01 incorporated herein by this reference.
2.
Standards for Historical Site. During the tenD of this Agreement, the Historic Site shall
be subject to the following conditions, requirements, and restrictions:
~ Owner should preserve and maintain the regulated characteristics of historical
significance ofthe Historic Site, and, where necessary and feasible, restore and
rehabilitate the property, in accordance with the rules and regulations published
by the Secretary of the Interior and as amended from time to time (Attachment
A). Work should be done in accordance with the attached schedule ofpotentiaJ
home improvements, drafted by the Owner (Attachment B).
£: Owner should maintain all buildings, structures, yards and other improvements in
a manner which does not detract from the appearance of the immediate
neighborhood. The following conditions are prohibited:
i. Dilapidated, deteriorating, or unrepaired structures, such as: fences, roofs,
doors, walls and windows;
11. Scrap lumber, junk, trash or debris.
HI. Abandoned, discarded or unused objects or equipment, such as
automobiles, automobile parts, furniture, stoves, refrigerators, cans,
containers, or similar items;
iv. Stagnant water or excavations, including pools or spas;
v. Any device, decoration, design, structure or vegetation which is unsightly
by reason of its height, condition, or its inappropriate location.
~ Owner shall allow reasonable periodic examination of the Historic Site, by prior
appointment, if a request is made by representatives of the City of Chula Vista
Planning Department, County Assessor, State Department of Parks and
Recreation or the State Board of Equalization.
4=. The owner shall allow visibility of the exterior of the structure from the public
right-of-way.
~ Should owner apply to the City for a permit for demolition, substantial exterior
alteration or removal of the Historic Site, Owner shall attend and participate in a
scheduled hearing regarding such application before the board or commission
designated by the City Council to oversee the City's historic resources prior to the
issuance of such permit, so long as such hearing is completed no longer than three
(3) weeks after owner subrnits such application to the City.
f. Notwithstanding the foregoing subparagraph 2.e, should Owner apply to the City
for a permit for the demolition, substantial exterior alteration or removal of the
Historic Site, Owner shall comply v.ith all City and State of California
environmental regulations, policies and requirements prior to City issuance of the
requested permit.
Information of Compliance. Owner hereby agrees to furnish City with any and all
information requested by the City which the City deems necessary or advisable to
determine compliance with the terms and provisions of this Agreement.
3.
4. Cancellation. City, following a duly'noticed public hearing as set forth in California
Government Code Sections 50280, et seq., may cancel this Agreement ifit determines
/...< -/,(0
Pa~'e' "f6
r,'J.
that Owner has breached any of the conditions of this Agreement or has allowed the
property to deteriorate to the point that it no longer meets the City's or State's standards
for a qualified historic property. In addition, City may cancel this Agreement if it
determines that the O\\'ner has failed to restore or rehabilitate the property in the manner
specified in subparagraph 2(a) of this Agreement, or has demolished, substantially altered
or removed the historic site. In the event of cancellation, Owner maybe subject to
payment of those cancellation fees set forth in California Government Code Section
50280, et seq.
5.
Enforcement of Agreement. In lieu of and/or in addition to any provisions related to
cancellation of the Agreement as referenced herein, City may specifically enforce or
enjoin the breach of the terms of this Agreement. In the event of a default under the
provisions of this Agreement by Owner, City will give written notice to Owner by
registered or certified mail addressed to the address stated in this Agreement, and if such
a violation is not corrected to the reasonable satisfaction of the City within thirty (30)
days (provided that acts to cure the breach or default must be commenced within thirty
(30) days and must thereafter be diligently pursued to completion by Owner), then City
may, without further notice, declare a default under the terms of this Agreement and may
bring any action necessary to specifically enforce the obligations of Owner growing out
of terms of this Agreement, apply to any court, state or federal for injunctive relief
against any yiolation by Owner or apply for such other relief as may be appropriate. City
does not waive any claim of default by Owner if City does not enforce or cancel this
Agreement. All other remedies oflaw or in equity which are not otherwise provided for
in this Agreement or in City's regulations governing historic sites are available to the
City to pursue in the event there is a breach of this Agreement. No waiver by City of any
breach or default under this Agreement shall be deemed to be a waiver of any other
subsequent breach thereof or default hereunder.
6. Binding Effects of Agreement. The Owner hereby subjects the Historic Site to the
covenants, reservations and restrictions as set forth in this Agreement. City and Owner
hereby declare their specific intent that the covenants, reservations, and restrictions as set
forth herein shall be deemed covenants running with the land and shall pass to and be
binding upon the Owner's successors and assigns in title or interest to the Historic Site.
Each and every contract, deed, or other instrument hereinafter executed, covering or
conveying the Historic Site, or any portion thereof, shall conclusively be held to have
been executed, delivered, and accepted subject to the covenants, reservations, and
restrictions expressed in this Agreement regardless of whether such covenants,
reservations, and restriction are set forth in such contract, deed, or other instrument. City
and Owner hereby declare their understanding and intent that the burden of the
covenants, reservations, and restrictions set forth herein, touch and concern the land, in
that Owner's legal interest in the Historic Site is rendered less valuable thereby. City and
Owner hereby further declare their understanding and intent that the benefit of such
covenants, reservations and restrictions, touch and concern the land by enhancing and
maintaining the historical characteristics and significance of the Historic Site for the
benefit of City, the public, and Owner.
A-/4
Page ~ of 6
Mìlls Act Contract
7. Effective Date and Term of Agreement. This Agreement shall be effective and
commence on December 11, 2001 (but no earlier than approval of the agreement by the
City Council), and shall remain in effect for a term often (10) years thereafter. Each year
upon the anniversary of the effective date, such initial term \\~ll automatically be
extended as provided in paragraph 8 below.
8. Renewal. Each year on the anniversary of the effective date of this Agreement (the
"renewal date"), a year shall automatically be added to the initial term of this Agreement
unless notice of non-renewal is mailed as provided herein. If either Owner or City
desires in any year not to renew this Agreement, Owner or City shall serve written notice
of non-renewal on the other party in advance of the annual renewal date of the
Agreement. Unless such notice is served by Owner to City at least ninety (90) days prior
to the annual renewal date, or served by City to Owner at least sixty (60) days prior to the
annual renewal date, one (I) year shall automatically be added to the term of the
Agreement as provided herein. Upon receipt by Owner of a notice of non-renewal from
City, Owner may make a written protest of the notice. City may, at any time prior to the
annual renewal date of the Agreement, withdraw its notice of non-renewal. If either City
or Owner serves notice to the other of non-renewal in any year, the Agreement shall
rernain in effect for the balance of the term then remaining, either from its original
execution or from the last renewal of the Agreement, whichever may apply.
9. Notice. Any notice required to be given by the terms ofthis Agreement shall be provided
at the address of the respective parties as specified below or at any other address as may
be later specified by either party.
To City:
City of Chula Vista
Attention: Director of Planning & Building
276 Fourth Avenue
Chula Vista, CA 91910
To Owner(s): Juan Carlos Fox and John Elbert Fox
344 Hilltop Drive
Chula Vista, CA 91910
~-/4
1 O. s;L~neral Proyisions.
a. None of the tern1S. provisions, or conditions of this Agreement shall be deemed to
create a partnership between the parties and any of their heirs, successors, or
assigns, nor shall such terms, provisions, or conditions cause them to be
considered joint ventures or members of any joint enterprise.
Owner agrees to and shall hold City and its elected officials, officers, agents, and
employees harmless from liability for damage or claims for damage for personal
injuries, including death, and claims for property damage which may arise from
the direct or indirect use of operations of Owner or those of his or her contractor,
subcontractor, agent, employee or other person acting on his or her behalf which
relate to the use, operation, and maintenance of the Historic Site. Owner hereby
agrees to and shall defend the City and its elected Officials, officers, agents, and
employees with respect to any and all actions for damages caused by, or alleged
to have been caused by, reasons of Owner's activities in connection with the
Historic Site. This hold harmless provision applies to all damages and c1airns for
damages suffered, or alleged to have been suffered, by reason of the operations
referred to in this Agreement regardless of whether or not the City prepared,
supplied, or approved the plans, specifications, or other documents for the
Historic Site.
All of the agreements, rights, covenants, reservations, and restrictions contained
in this Agreement shall be binding upon and shall inure to the benefit of the
parties herein, their heirs, successors, legal representatives, assigns and all persons
acquiring any part or portion of the Historical Site, whether by operation of law or
in any manner whatsoever.
In the event that any of the provisions of this Agreement are held to be
unenforceable or invalid by any court of competent jurisdiction, or by subsequent
preemptive legislation, the validity and enforceability of the remaining provisions,
or portions thereof, shall not be effected thereby.
This Agreement shall not take effect unless and until Owner's signature is
notarized by a notary public. Furthermore, if an agent or representative of Owner
signs this Agreement on behalf of Owner, the agent or representative must furnish
proof, to the satisfaction of City, that the agent or representative has authority to
act on Owner's behalf.
This Agreement shall be construed and governed in accordance with the laws of
the State of CalifornÏa.
P"'o-' of~
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b.
c.
d.
e.
f.
lL Recordation. No later than twenty (20) days after the parties execute and enter into this
Agreement. City shall cause this Agreement to be recorded in the office of the County
Recorder of the County of San Diego.
g Amendments. This Agreement may be amended only by a written and recorded
instrument executed by the parties hereto
~ -/~3
P~ge6or6
Mil!s .-\Ci Contract
SIGNA TURE PAGE TO MILLS ACT AGREEMENT FOR
344 Hilltop Drive, Chula Vista, CA 91910
CITY OF CHULA VISTA
OWNER(S) OF RECORD
Date:
Date:
Approved:
Shirley Horton, Mayor
By:
(Notarized Signature)
Date:
Date:
Attest:
Susan Bigelow, City Clerk
By:
(Notarized Signature)
Date:
Approved as to form:
John Kaheny, City Attorney
OWNERS PLEASE HAVE NOTARY PUBLIC ATTACH A SEPARATE PROOF OF
NOTARY PAGE WITH SIGNATURE AND SEAL.
/-{ - /..< f
A TT ACHMENT "A"
SECRETARY OF THE INTERIOR STANDARDS FOR RESTORATION AND
REHABILITATION OF HISTORIC STRUCTURES
1.
A property shall be used for its historic purpose or be placed in a new use that requires
minimal change to the defining characteristics of the building and Üs site and
environment.
2.
The historic character of a property shall be retained and preserved. The removal of
historic materials or alterations of features and spaces that characterize a property shall be
avoided.
3.
Each property shall be recognized as a physical record of its time, place, and use.
Changes that create a false sense of historical development, such as adding conjectural
features or architectural elements from other buildings, shall not be undertaken.
4.
Most properties change over time; those changes that have acquired historic significance
in their own right shall be retained and preserved.
5.
Distinctive features, finishes, and construction techniques or examples of craftsmanship
that characterize a property shal1 be preserved.
6.
Deteriorated historic features shall be repaired rather than replaced. Where the severity of
deterioration requires replacement of a distinctive feature, the new feature shall match the
old in design, color, texture, and other visual qualities and, where possible, materials.
7.
Chemical or physical treatments, such as sandblasting, that cause damage to historic
materials shall not be used. The surface cleaning of structures, if appropriate, shall be
undertaken using the gentlest means possible.
8.
Significant archaeological resources affected by a project shall be protected and preserved.
If such resources must be disturbed, mitigation measures shall be undertaken.
9. New additions, exterior alterations, or related new construction shall not destroy historic
materials that characterize the property. The new work shall be differentiated from the old
and shall be compatible with the massing, size, scale, and architectural features to protect
the historic integrity of the property and its environment.
10. New additions and adjacent or related new construction shall be undertaken in such a
manner that if removed in the future, the essential form and integrity of the historic
property and its environment would be unimpaired.
/,(, - /ø2. 5'
A TT ACHMENT "B"
MILLS ACT AGREEMENT SUPPLEMENTAL
(To be completed by the Owner)
Please list, to tile best of your knowledge, the improvements that have been made over
the past I 0 years to maintain or rehabilitate this property.
YEAR
ICjt{'6- deD\
IMPROVEMENT
N<cu !I.ill{, Vf"!fJ/r.AÞ -eL{"c+'-,cft-r " (",~-L~L J-iÆ'~f/¡lt\
ól"",i1..<.e' ~AS, P""",i :t-.vI-f"""<7J.-jJ2,4<-c.,c/L¡ f2."'Si:;¡M> b",^" w",J
OOOllÇ ¡ Co""fl..i.... (I.e-LaJs(~fR t PI..w~/¡jJ Uf'J/c.d< /
J2.-<?dc......J '-fo^-Lc-.- (ocÆ<"/l-e ", :t"Nc;/"II,J W/d5!...t J-/LQÁ.I F'"P-<iC~(
r2.~P"'dl...J (c..(r,A6i= HMo'" A¡Jt-r1-i..."p.....;f
Please list the improvements and restorations that you intend to make over the next 1 0
years. List them in order of your priority based upon anticipated need for proper
maintenance.
PRIORITY
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OWNER CERTIFICATION: \~)
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IMPROVEMENT /RESTORATIONS
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(L.<'f'A'U! ¡;:o...i-<",,-/ò/L
P..JdAW"l VV\....,¡j~PNc..I./(.f
I certify that I am presently the legal owner of the subject property. Further, I
acknowledge the supplemental information on this form will be used as an exhibit
attached to the Mills Act Agreement.
Date:
Signature:
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COUNCIL AGENDA STATEMENT
Item No.: /3
Meeting Date: 12/11/01
ITEM TITLE:
Consideration of request for designation of the Victor Day House as a
Historic Structure- 279 "J" Street
Resolution of the City Council of the City of Chula Vista designating the
Victor Day House as a Historic site and placing the Victor Day House on
the City of Chula Vista List of Historic Sites in accordance with the
Municipal code Section 2.32.070(A)
Director of Pla~ing and Building ~¿
City Manager ~~)¡v (4/Sths Vote: Yes - No--L)
The property owner, Joyce Green, has requested that her property, the Victor Day house, be
considered for inclusion on Chula Vista's List of Historic Sites.
SUBMITTED BY:
REVIEWED BY:
The Environmental Review Coordinator has determined that this project is exempt per the
California Environmental Quality Act (CEQA) , Section 1533, Class 31, Historical Resources
Restoration and Rehabilitation.
RECOMMENDATION:
Staff recommends that the Victor Day House be placed on the City's List of Historic Sites.
BOARDS/COMMISSIONS RECOMMENDATION:
The RCC considered the designation of the property at their December 3, 2001 meeting and
recommends that the house be placed on Chula Vista's List of Historic Sites. However, the
RCC was concerned about the vinyl windows that the owner has installed and their impact on
the historic integrity of the house. The owner has applied for a Mills Act contract, which the
RCC also recommended for approval. Mills Act contracts include a list of improvements the
property owner will make to the property with their Mills Act savings. The RCC has
recommended that the Mills Act contract for this site stipulate that the vinyl windows must be
restored to their original condition by December 2005 and that the historic designation sign not
be installed at this site until that time.
DISCUSSION:
Municipal Code Authority
In accordance with Section 2.32.070 of the Municipal Code, the RCC "shall recommend to the
City Council the designation of any site, which it has found to meet the local criteria as a
historical site and the commission shall also recommend if the Historic Site Permit Process
should be imposed on the site."
/:3-/
Page 2, Item No.: /3
Meeting Date: 12/11/01
The Historical Site Permit Process has provisions to stay the issuance of permits for demolition
or modification in order for the RCC to make a recommendation to the City Council about
potential actions that could be taken to preserve the site. The RCC elected not to recommend
the Historic Site Permit for this property.
The City has adopted six criteria that are used to determine if a particular property should be
included on the Historic Site List. (Attachment 3) A site must meet one of the six criteria.
Owner Participation
On October 25, 2001, staff received an application for historic designation from the property
owner, Joyce Green. (Attachment 4) Ms. Green was in attendance when her house was
considered for designation at the December 3, 2001 Resource Conservation Commission
meeting. A letter has been sent to the property owner notifying her of the current pending
action regarding her property.
Background on Proposed Historic Site
1. Past History
The 1985 City of Chula Vista Historic Resources Inventory states that Contractor Arthur
Done constructed this house in 1924 for Victor and Gwendoline Day, the current owner's
grandparents. The applicant states that Arthur Done was a noted contractor in Chula Vista.
Victor Day, the original owner, was a greenskeeper at the historic San Diego Country Club
for many years.
The Historic Resources Inventory further states that the home is a twin gable version of the
1920's style bungalow. At the time of the survey, the house appeared to fully retain the
integrity of design and materials. Since that time, there have been some modifications
including new windows and an enclosed patio on the side. The structure, however, still
retains the integrity of the bungalow style.
Though the house was included in the Historic Resources Inventory, the house was not
placed on the City's List of Historical Sites.
2. Bungalow-style Architecture
Bungalow style architecture was developed for simplicity, as well as style. Bungalows
were meant to counter the excess of previous architectural styles by reverting to an arts and
crafts approach. It was to bring style to all people regardless of economic or social status.
Features include:
/3-.2..
Page 3, Item No.: /,j
Meeting Date: 12/11/01
Low-pitched roof
Wide eaves with exposed roof rafters
Decorative braces
Porch with square columns
Built in cabinets, shelves, and seating
The California style bungalow merged elements from different types of architecture. These
comfortable and elegant little houses remain an American favorite style.
3. Features of the Site
According to the Historic Resources Inventory, the Victor Day House contains the
interesting feature of twin street-facing gables. The low, cross gable roof has wide eaves
with exposed rafter ends and visible support beam ends. At each end of the façade, the two
gabled sections extend forward, while the inset central section contains the entrance and a
small brick terrace. The front door, which is sheltered by a bracketed hood, is flanked on
each side by a window. Other details in this home are: vents in the gable ends, horizontal
clapboard siding and a brick chimney.
Conclusion
This house is a charming bungalow style home. From all available research it appears that it
may meet criteria #4 for distinguishing architecture. The owner, the granddaughter of the
original owner, is committed to restoring the house to its original state. Ms. Green has applied
to participate in the Mills Act program, which she intends to use the property tax savings to do
the upgrades, including restoring the vinyl windows to their original condition.
FISCAL IMPACT:
There is no fiscal impact associated with inclusion of 279 "J" Street, the Victor Day house, on
the Chula Vista List of Historic Sites.
Attachments:
1. Application for Historic Designation
2. Locator Map
3. Historic Resources Inventory Worksheet
4. Photos
J :IPlanninglLynnettelhistoric designationl279 J designation AGENDA ST A TEMENT2.dnc
/3-5
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~{f? ClrrOFCHULA VISTA
~ JI,. ~ PLANNING 8:. BUILDING DEPARTMÐ:T
an' Of 276 Fourth Av<:nlle
CHUI.A VISIÄ Chula ViSta. CA 919)0
Historic Designation
APPLICATION FORM
II APPLICANT/OWNER INFORMATION
Applicant/Owner Name: _To Cf ~ e. £. ,g... r~
Applicant/Owner Address: 2 7 q ...:r She e t- 6AIA./~
Phone: b¡q - t/2..0-¿5Q I Vt:-s.f-~ LA 9¡e:¡¡Ò
Secondary Owner Name: "/ò.
,
Owner Address:
Phone:
II
~ ~~ APPROVAL IS REQUIRED
NAME. NAME:
SJGNA : '.:Jõ~l!e Ei'. r~ SJGNATURE:
DATE: IO-2.~-{)1 DATE:
I fPR;;;ER TY INFO RMA TI ON
Property Address: Z7'7 J .5f-re~f C!hLda. Vw>k. (],tf 9/c¡¡Ô
Common name: D 6} '1 .JI.o rn e Historic name: v', 't:.J-o r Vè.-'::J /I-c u ...:: e,
Year Built Ie¡ 2.. <f Approximate Property size (in feet) or approximate acreage 95')1 10 ()
Ownership is: Private~ or Public-
Present Use: Vyì v' ð le... I4Ð me. Original Use: Þr~ Vð~ ~ t"Ylt:....
Architectural Style: B u Y'\ Cj '" 10 l.V - 20~
Assessor's Parcel Number (Required): .5 '7 3 zso J 3 0 D Zone:
11
~~ro RI OLAND MARK INFO RMA TI 0 N
J1
I
Use the reverse side of this form or a separate piece of paper may be attached for questions 1-3.
1. Please describe, in detail, historical aspects of the site or structure as well as any other significant
factors which may determine the property as a historic sitellandmark (I.e. special aesthetics; cultural,
architectural, or engineering factors; and any dates, events, or persons associated with the site or
';!luGture). See attached established criteña for designation.
2. Has the srte or structure been altered in any way from its original design?
Yes No ...- (If yes, explain)
3. Briefly describe the present physical condition of the property indude a rating of poor, fair, good, or
excellent .( ði-y-
/3-
ATTACHMENT 1.(1 OF 3)
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CHULA VISTA
LOCATOR PROJECT P LA N N I N G
C) APPUCANT: JOYCE E. GREEN
, PROJECT
ADORESS: 279" J" STREET
SCALE:
NORTH No Scale FILE NUMBER
h-\h"m",l"r~ .
nnon"\I"~~t",,,1 11/11/n1
AND BUILDING
PROJECT OESCRJPTlON: D E PAR T MEN T
Proposed Historical Site D' .
eslgnation
/.z., - '7
~ -..-..'" - ,no HOSOUrCOs A_cy
~ DEPARTMENT DF~'!'R""i "~m REc.<tEÁT¡O'"
Ser. N<>.
HABS- HAER ... u... m"/i¡¡ ~. SHL - Lee
UTM: A 'tq;. ¡;;;;;:;- B :><øoq Q ~ 0 -
C D
HISTORIC RESOURCES INVENTORY
I CJENTIFICATION
1. Common nome:
Arthur Day House
2.
HiStoric nome: Victor Day House
3. Street or ruraj oddress:
279 "J" Street
City Chula Vista
Zip 92010
County
San Diego
4. Parco' number: 573-250-13
5. Present Owner: Arthur B. Day
C;¡ty Chula Vista
6. Present Use: residential
Address:
279 oJ" Street
Zip
92010 Ownenhipis: Public
Private
JC
Qriginai use:
residential
DESCRIPTION
7a. Architectural style: Bungalow
7b. Briefly describe the -tphysical descnpDon of the site or =re ond describe any major a/Uorations from it>
original COndition:
Legal: CV Sub QS 13~, Lot 14, E 95' of S 100' of W 290'
Twin street-facing gables are an interesting feature of this one
story house. The low; cross gable roof has .wide eaves with exposed
rafter ends and visible support beam ends. At each end of the
facade, the two gabled sections extend forward, while the inset
central section contains the entrance and a small brick terrace.
The front door, which is sheltered by a bracketed hood, is flanked
on each side by a window. Other details in this charming home
include vents in the gable ends, horizontal clapboard siding and
a brick chimney. One street-facing window may be a replacement.
Attac:n Phctc(s) Here
8.
ConstrUCtion dÉ1I:
Em--llä Factual -
9.
AA:hiœct unknown
10.
Builder Arthur Done
11.
Ap~. ' S1Z113B! in Ð
F~ let> i
or acrw
12.
Datels) of ondos.I phomgrmn (sj
1985
DI"R 5Z3 (Re.. 417'91
/:3-!'
I \ I "
¡<.J.q':',.J/- ..1
ATTACHMENf 3 (1 OF-?) ,
13.
C,,;,Jition,
i"""'lIom -....>;.Good - F.ir - Det.rioroted - No lonqer in oxinona.
on'? wind~ow possible replaced
14.
15.
SurrOUndinc:;s' (Check more ~ one if """"=ry Open I.nd - Scõnered buiJdinc:;s - Denseiy built-up ~
Residential --Klndustrioj -Cornrnerc:m ~Other:
16.
Tnr.,", to site: None Itnown~Privat. deveJoPl'!1""t- Zoning - Vandajism ~
PublieWom project - Other:
17.
'$ the ffi1J=r.:
On it> origin;ù .5ita? ~
Moved? - Unknown?
18.
Related ~: ~
garage
SIGNIFICANCE
19. Briefly $Qto hiStOrical ond/or orchitocn.nl imporunco (include dot8$. -.rs. and P8I'Sons -- with tile site.1
Contractor Arthur Done constructed this house in 1924 for Victor and
GwendOline Day. Victor Day was a greenskeepr at the San Diego Country
Club for many years. The house remains in the Day family. This
house generally retains integrity of design and materials. The
home is an interesting twin gable version of the 1920s bungalows.
Loc:ationaI sIcetx:!r ma¡, (draw and Iabe sit8 and
SUrrounding Streets. n>8ds. and prominent landrnarial:
6NORTH
U
~~'"".".~,
20.
Go... ..n_..
Main theme 01 tile hÎSlDric:~: (If more than One is
chedced. number in order at ~
Arch itecture ~ Arts & Leisur.
E::onomic:flndustria¡ -~ement -
. Military
Soc:iaIIEduc::o
R,,¡igion
21.
Sources (List ~ ~ ........,.. ~ imen,¡--
and tti.;,. daa!sI.
Interview: Arthur Day 7/85
Ci ty di. rectories
CV Tax Assessment Rolls
22.
~fcnn_. q-~-loR<;
By (-I L Weh",t-..r
O'1JllniZaDon r,rv nf rhul" Vista
~. 7(') ~')(. loR-=] ".a -=
City Q1", (" \1, 9-.1",,- Z;p q?-o 2.
I'I>one: -.be:¡ I - '5 r 0 I
--.,-,~
/::3-9
ATTAr~M.NT ~ 10 nL 0\
RESOLUTION NO. 2001-_-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
DESIGNA TlNG THE VICTOR DAY HOUSE AS A HISTORIC SITE AND PLACING
THE VICTOR DAY HOUSE ON THE CITY OF CHULA VISTA'S LIST OF
HISTORIC SITES IN ACCORDANCE WITH THE MUNICIPAL CODE SECTION
232.70(A).
WHEREAS, the Victor Day House is a house of Bungalow architecture located
at 279 "J" Street in the City Of Chula Vista (APN 573-250-13-00) constructed in ]924; and,
WHEREAS, staff received communication from the property owner, Joyce
Green, requesting that the Victor Day House be designated as a historical site on the City of
Chula Vista List of Historic Sites; and,
WHEREAS, State of Cahfornia Historic Eligibility Criteria requires that a site be
found significant at a local, state, or national level, under one or more of the criteria for
designation; and
WHEREAS. the Resource Conservation Commission determined that the Victor
Day House meets one of the local criterion for designation because it is shown that it has
distinguishing architectural characteristics that are identifiable and,
WHEREAS, the Resource Conservation Commission at their regular meeting on
December 3, 2001 voted to recommend that the City Council place the Victor Day House on the
City ofChula Vista List of Historic Sites; and
WHEREAS, the Environmental Review Coordinator has determined that this
project is exempt per the California Environmental Quality Act (CEQA), Section ]5331, Class
3 I, Historical Resources Restoration and Rehabilitation.
NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby
approve the designation of the Victor Day House, 279 "J" Street, as a Historic Site and
determines that it is hereby placed on the City of Chula Vista List of Historic Sites.
Presented by:
Approved as to form by:
Do.- l. t-I-~ FOR
John M. Kaheny
City Attorney
Robert A. Leiter
Director of Planning & Buildmg
J:lattorneylresolvictor day house
/.:3
COUNCIL AGENDA STATEMENT
ItemÆ
Meeting Date 12/11/01
ITEM TITLE:
Resolution
Adopting the 2002 Legislative Program
SUBMITTED BY:
Legislative Committee
Colleen M. Kelly, Intergovernmental Affairs Coordinator IJI~/
City Manager ~;..... ¡:>ìL/ (4/Sths Vote: Yes_NolO
,x-"
REVIEWED BY:
The Legislative Program represents the City Council's position on items likely to be acted upon by
the State Legislature, Congress, or administrative agencies. By adopting a Legislative Program at
the beginning of each two-year legislative session and amending it at mid-term, Chula Vista can take
a proactive role in sponsoring, supporting, or opposing bills related to the City's various legislative
priorities.
RECOMMENDATION:
Legislative Program.
That the City Council approve the resolution adopting the 2002
BOARD/COMMISSION RECOMMENDATION: This report from the Legislative Committee
reflects their comments as well as input from the City's department directors. A copy of this draft
was sent to Council as an Information Item 11/15/01-- no Council comments were received as of
12/5/0 I.
DISCUSSION:
Background
The purpose of the Legislative Program (as instituted by Council Policy 300-01 in 1987) is to
identify and adopt position statements regarding a variety of issues that reflect the policy and
direction of the Council. This action sets guidelines that permit staff to make timely responses
consistent with Council's desires to sponsor, support or oppose bills during the legislative session.
By taking action on a comprehensive program at the start and midpoint ofthe state legislative and
Congressional sessions, the City is able to work with our locally-elected representatives to introduce
needed legislation as well as position itselfproactively on a wide range of issues.
Presented in this report is an updated 2002 Legislative Program to guide staff and our legislative
consultant throughout the coming legislative session.
/cf -I
Page 2, Item /<1-
Meeting Date 12/11101
Legislative Program
In general, the Legislative Program lays out the City's positions in the following subject areas:
A.
B.
C.
D.
E.
F.
G.
H.
I.
J.
K.
L.
M.
N.
O.
Bayfront Redevelopment
Economic Development
Energy
Environmental Protection
Fiscal Support/Home Rule
General Government
Housing & Community Development
Land Use Planning
Library
Parks & Recreation
Public Employer-Employee Relations
Public Liability
Public Safety
Public Works & Transportation
Redevelopment
The program is administered by the Legislative Committee (the Mayor, City Manager and City
Attorney). Items included in this document are generally non-controversial, and include:
. Supporting additional state or federal funding for local government and/or Chula Vista
programs
. Opposing unfunded mandates
. Protecting home rule authority
. Recommending reforms in various state and federal programs
Via adoption of the program by the City Council, related bills can be acted upon directly by the
Legislative Committee, so that the City's position can be communicated to legislators in the quickest,
most effective way. Notification of positions taken and copies of any letters sent are then forwarded
to the City Council for information.
In addition, through the efforts of the League of California Cities, professional organizations to
which various city staff belong, or as a result of research by the City's lobbyist, legislative proposals
may be brought to the attention of the Legislative Committee which are not covered by the
Legislative Program. These items are brought to the City Council for review and direction. Items
that may be seen as controversial, such as this year's proposal to create a regional airport authority,
are also submitted to the Council.
Proposed Changes for 2002
The proposed amendments for 2002 are relatively minor. The reflect changes such as the fact that
the South Bay power plant is now owned by the Port rather than SDG&E, the fact that the bottle bill
legislation has been expanded, and that funds will be needed if local government is to attempt to
meet the requirements of the National Pollutant Discharge Elimination System. The remainder of
I'l
Page 3, Item /'-1
Meeting Date 12/11/0 I
the program is carried over from the 2001 Legislative Program, as adopted by Council 12/12/00 and
amended 5/29/01 (the May amendments reflected a need to address energy-related legislation).
In most cases, the City's priority issues for 2002 (e.g. capping or reversing property tax takeaways,
protecting existing sources of revenue, promoting workers compensation reform, obtaining funds for
such City programs as the Chula Vista Nature Center, protecting Federal CDBG and COPS grant
allocations) are already included in the Legislative Program and thus do not require any
amendments. This includes the staffs on-going efforts to protect the situs-based property tax
allocation from the South Bay power plant.
A complete list of amendments is shown in Exhibit A, with additions denoted by underline and
deletions by strikeout.
The State Legislature will begin introducing, and acting upon new proposals on January 2"d
Sacramento's deadline to introduce new bills for 2002 is February 24th. The extraordinary session
that the Governor has proposed, to deal with the State's looming fiscal crisis, is not bound by these
types of deadlines.
FISCAL IMP ACT:
Adoption of the Legislative Program for 2002 does not result in any direct cost to the City. There
are fiscal impacts, however, associated with this program; specifically the City's contract with a
legislative advocate in Sacramento (Advocation, Inc.), which is capped at $79,000 per year. In
addition, success in achieving the goals of this program can lead to significant fiscal impacts.
As was noted in the recent Legislative Wrap-Up, the City will need to be watchful of any State
actions to diminish local government revenues. The long history of State cancellations of backfills
and subventions includes the cigarette tax, property tax, and supplemental subventions to
redevelopment agencies. Now, the nearly $4 billion annual Vehicle License Fee backfill presents a
tempting target for State cancellation. For Chula Vista, this would present an annual loss of more
than $6 million.
Finally, as we look to Chula Vista's goals for 2002, the City will continue to focus on the following
key issues:
Improved protection for local government revenues such as the Vehicle License Fee,
including a possible constitutional amendment to prevent future State raids on city funds
. Allocation of State Park, Library and Water Bonds to support Chula Vista projects such as
the new library for Rancho del Rey
Protecting cities' authority to license or lease use of property within a municipality's
jurisdiction by telecommunication companies, utilities or cable companies
Increased collaboration with other public agencies within the region to strengthen the City's
position on issues of regional significance
Attachments:
I. Exhibit A: Proposed 2002 Legislative Program
c:I...12001Iagenda statementsl021egprg.ll3
/~-,3
2002 DRAFT CHULA VISTA LEGISLATIVE PROGRAM
A.
Bayfront Redevelopment.
1.
2.
Support efforts to:
a. Provide funding for urban waterfront restoration projects and the enhancement of the
waterfront within the southern San Diego Bay.
b.
Provide funding for the Chula Vista Nature Center.
c.
Facilitate the recommissioning, redesign or relocation of the ~ San Diego Unified Port
District South Bay Power Plant and assist with the redevelopment of this bayfront
property.
d.
Coordinate Federal Coast Zone Management Act, Environmental Protection Agency (EPA)
regulations and State Coastal Zone Act, in an effort to eliminate duplicate efforts.
Oppose efforts to:
a. Reduce the number of San Diego Unified Port District Comnlissioners and/ or require
commissioners to be elected members of the city council that they represent.
B.
Economic Development.
1.
Support efforts to:
a. Enhance California's overall business climate with particular emphasis on streamlined
regulations and reduced costs of doing business.
b.
Strengthen existing business attraction and retention programs including: Enterprise
Zones, Recycling Market Development Zones and California Infrastructure Bank.
c.
Continue and/ or enhance funding of State and Federal Economic Development agencies,
including:
i. California Trade and Commerce Agency
ii. US. Department of Commerce, Economic Development Administration (EDA)
iii. US. Housing and Urban Development (HUD) Community Development Block
Grant and Economic Development Initiative
d.
Create new business assistance programs with eligibility criteria for which Chula Vista
would qualify.
e.
Create or enhance programs which support cross-border commerce and Chula Vista
import/ export companies.
f.
Increase the flexibility of the use of HUD Community Development Block Grant funds as
they relate to general economic development projects and programs.
g.
Amend California redevelopment Jaws to allow agencies to extend the life of
redevelopment project areas.
h.
Continue the Community Reinvestment Act and accountability to small businesses
development programs.
/c(-
c.
Energy.
1.
2.
D.
Support measures that:
a. Assist the City and its energy consumers in improving supply/demand conditions and
enhance conservation measures.
b.
Preserve local options to control and fund the supply and distribution of energy (including
the formation of a municipal utility district) or that fund conservation programs.
c.
Enhance the City's ability to enter into distributed generation agreements without having
to pay stranded transmission or distribution charges.
d.
Impose fair and reasonable price caps.
e.
Repeal the provisions in ABx1 1 (statutes of 2001) that suspend customer choice.
f.
Make municipal aggregation programs available on an "opt-out" basis.
g.
Allow public agencies (not just municipal utilities) to participate in state power supply
programs.
h.
Encourage the use of real time metering.
Increase incentives for photovoltaic and other "green" alternative energy sources.
Oppose measures that:
a. Impinge on or restrict the City's ability to exercise land use review/control with respect to
the generation or transmission of power.
b.
Erode the City's ability to acquire/generate power from alternative sources, operate as a
municipal utility, or enter into aggregation and/or distributed generation arrangements.
Environmental Protection.
1.
Support efforts to:
a. Require an environmental impact report (ErR) for large projects/utility mergers.
b.
Obtain funds for wetlands and riparian habitat acquisition & restoration, for acquisition of
land needed for multi-species habitat conservation planning, for acquisition, development
& maintenance of open space, greenbelts, rivers, streams and trails, so long as these funds
are not provided at the expense of other, significant programs supported by the City.
c.
Fund planning and land acquisition for Natural Community Conservation plans.
d.
Obtain funds for comprehensive environmental management planning for San Diego Bay.
e.
Prohibiting the granting of new leases for oil and gas development in state-owned coastal
waters off San Diego County.
f
Encourage the installation of water/energy conserving fixtures in new & existing
buildings.
g.
Obtain funding for water conservation to include the construction of reclaimed water
distribution systems, and fixture and irrigation system renovation and retrofit.
j
h.
Encourage post-consumer recycled product use in manufacturing, residentia1 and business
applications through incentives, educations, promotions, etc.
i.
Ensure long-term agreements that provide recycling incentives and/or profitable markets
for a broader range of products than are currently recycled.
Require "disposal warning" labeling on household hazardous materials, which reduce the
use of toxic materials, and which promote nontoxic a1ternatives to present materials.
k
Require minimum content standards for use of recycled materials in manufacturing
processes.
Provide funding for environmental enterprise incentives, specifically Recycling Market
Development Zones (RMDZ).
Note, The RMDZ pmgram has been extended through 2006. Chula Vista and the City of San Diego have a signed
MOU for an RMDZ partnership. Pmgram is being implemented.
m.
Expand the bottle bill legislation a",¡ .limiRat. !,laD!!' a,,'¡ gl...o !,f",eDoing or ka,,'¡lmg
I@@s to include more food and beveral!e packacinl!.
n.
Expand the number of advance disposal fees in a market-driven manner to provide
recycling incentives and funding for household hazardous waste, universal wastes and
electronic wastes, particularlv computer monitors and television CRTs.
o.
Enact a statewide landfill ban on designated recyclables.
Note: This would encourage development of new feedstock capacity and strengthen/ stabilize long-term markets.
p.
Reauthorize the Federal Water Resources Act, including provisions to raise the
reimbursement limit and provide reimbursement for construction expenditures.
Note, With a revised reimbursement limit, Chula Vista could be eligible for up to an additional $5 million for
further impmvemenls along the Telegraph Canyon Creek flood control channel.
q.
Modify the Clean Water Act to give the City of San Diego an exemption from current "mass
emission reduction" requirements.
r.
Limit environmental mitigation requirements for construction and mamtenance of
drainage facilities in urban areas, especially in developed neighborhoods, in favor of
structural and other Best Management Practices.
Note, At present, the City nMY be cequired to purchase mitigation land amounting to as much as four times the
project size. With pmiecb in devc1oped oeighborhoods, mitigation requirements can require more complex
dIainage improvements and tile dedication of larger portions of the property owner's lot
s.
Grant local agencies authority to file appeals with the State Water Quality Control Board
(SWQCB) concerning actions by a Regional Water Quality Control Board (RWQCB).
t
Advance the use of low-emission and zero-enlission vehicles through market incentives,
credits, rebates, publici private partnerships and other innovative solutions.
u.
Create incentives for renewable power generation and distribution.
v.
Create incentives for energy-efficient building programs.
w.
Develop and apply a standardized state/national definition of "greenpower".
/']1
2.
E.
x.
Require "truth in labeling" with respect to green power generators and providers.
y
Improve the coordination of State, Federal and local agency responses to air quality control,
energy and environmental protection.
z.
Provide State or Federal funding to construct facilities to capture and treat the flow of raw
sewage entering San Diego from Tijuana.
aa.
Encourage development of environmentally sound techniques for treating hazardous
waste to reduce its volume and eliminate any toxicity without infringing on home rule
authority over the decision of whether (or when) to implement such techniques.
bb.
Provide funding from State, Federal or outside sources to study the water quality/toxic
pollution in San Diego Bay.
cc.
Encourage development of water resource facilities and make improvements to the delta
without imposing unfunded mandates on local governments.
dd.
Provide financial assistance at the Federal level to construct new and upgrade existing
secondary treatment facilities in San Diego County.
ee.
Improve the efficiency of environmental regulations and enforcement actions of such
agencies as: Department of the Interior, Corps of Engineers, Department of Commerce,
National Oceanic and Atmospheric Administration and Environmental Protection Agency.
ff.
Provide for streamlined environmental permitting processes for public works projects that
are included within an adopted multiple species conservation plan that is in conformance
with the State's Natural Community Conservation Program.
Oppose efforts to:
a. Nullify or weaken the current climate change treaty (Kyoto Protocol) that requires the
United States to reduce its greenhouse gas emissions by 7% from 1990 levels by 2010.
Fiscal Support / Home Rule.
1.
b.
c.
d.
e.
f.
Support efforts that:
a. Permit retention and control by local governments of a greater portion of revenue
generated by Federal, State, and local taxes, fees and fines (e.g. vehicle code fines).
Require the Federal govenunent and State to reimburse local governments for all
mandated costs or regulatory actions or that allow cities to cease performance of unfunded
mandates.
Retain maximum flexibility in the administration of Article XIIffi, XIIIC and XIIID of the
state constitution (XIIIB: the Gann Initiative-local expenditures are limited by population
growth and CPI factors; XIIIC & D: Proposition 218).
Expand local autonomy or the home rule authority to govern municipal affairs.
Enhance the quality of urban life by funding the creation, improvement, or expansion of
parks, libraries, community services and infrastructure, such as roads, flood control, etc.
Provide State/Federal funding for construction or renovation of public buildings such as
community centers, libraries, civic center, etc.
2.
g
Expand the sales tax base to include mail order sales/home shopping sources, internet-
based commerce.
h.
Provide that cities and school districts can issue general obligation debt with a majority
vote instead of the current 2/3-vote requirement.
i.
Ensure that, upon dismantling of the South Bay power plant, the City/Agency receives in-
lieu revenues to replace any monies lost as a result of plant relocation.
j.
Provide for fiscal reform in the form of greater reliability, certainty, and equitability of state
funding for local governments.
k
Reallocate sales and property taxes to the benefit of local governments.
Permit government agencies to pass through, to the consumer, the bank fees associated
with credit card transactions.
Note: The City would be better able to offer the convenience of credit card usage to area/residents, busmesses if
local government were not prohibited from passmg tl1ese bank costs to the consumer.
m.
Protect cities' ability to fund capital improvement projects through tax-exempt bonds.
n.
Increase the Industrial Development Bond cap.
o.
Promote cooperative purchasing opportunities for local government, (i.e. master
agreements, California Multiple Award Schedules, State price lists) along with
opportunities to process and disseminate bids via electronic means.
Oppose efforts to:
a. Restrict the use of, or reallocate, city revenues such as Vehicle License Fee funds, Transient
Occupancy Tax revenues, and Business License Tax revenues.
b.
Exempt residential users from the Utility users tax.
c.
Reallocate fines and forfeitures to the detriment of cities.
d.
Repeal Gas Tax exemption for local agencies.
e.
Reallocate sales and property tax revenue to the detriment of cities.
f
Limit cities' authority to enact or impose mobilehome or residential rent contro1.
g
Limit cities' authority to: enact and assess fees to recover the full cost of providing user-
specific services; recover the full costs of assessment district maintenance; license or lease
use of any property within the jurisdiction of the City by telecommunication companies,
utilities or cable providers.
h.
Infringe on home rule authority to act on local budget and fiscal matters or other municipal
affaus, or to impose unfunded mandates onto local government.
Overhaul the California Public Records Act in a way t:þat would: restrict cities' control of
the means of access to information assets (e.g. computer databases, proprietary software),
limit cost recovery for providing such access, or violate the privacy of the parties from
whom the data was collected.
/'1-£
F.
j.
Limit: imposition of franchise fees, taxes, or other compensation for use of public right-of-
way; local rate regulation; operational oversight; or right-of-way controls on cable
television operators and other telecommunications providers and utilities.
k.
Preclude cities from collecting Utility users tax (UUT) revenue on cellular or digital
telephone use when negotiating UUT agreements.
General Government.
1.
2.
G.
Support efforts to:
a. Subject the State Legislature to the same requuements for public meetings, advance
agenda, etc. as currently imposed on cities through the Brown Act.
b.
Limit to 1 % the amount of administrative costs the Board of Equalization may charge to
administer local sales taxes such as San Diego's half-cent sales taxes for transportation and
justice facility construction.
c.
Facilitate increases in Open Space District assessments by an amount not to exceed the
Consumer Price Index (CPI) or higher if increased costs are beyond the control of local
governments (e.g. imposed by water districts).
d.
Select Chula Vista as the site of a new University of California or other four-year
institution, as well as efforts to facilitate such an eventual designation.
e.
Provide funding for Chula Vista SMART Community program, alternative fuels programs,
and other technology-based projects.
f
Fund school facility construction programs without increasing the fiscal burden of local
government.
g.
Clarify the authority of school districts to impose facilities fees established by Ch. 887,
Statutes of ]986 (AB2926)
h.
Return Chula Vista to a central position in the 40th Senate District and 79th Assembly
District, respectively.
Oppose efforts to:
a. Mandate district elections in all cities and/ or school districts.
b.
Impose border crossing fees on the US/Mexico international border.
c.
Impose greater restrictions on local government through amendment of the Brown Act.
d.
Divide cities among multiple Congressional, State or Supervisorial districts.
Housing & Community Development.
Support efforts to:
a. Exclude redevelopment agencies from competitive bidding statutes and faIT market value
restrictions for resale of public properties to permit joint development of public facilities by
private developers upon findings of public benefit.
L
-7
2.
b.
Extend the following three Federal Low-Income Housing Programs:
i. Mortgage Credit Certificate Program for low/moderate income home buyers;
ii. Tax Credits for low income housing programs; and,
iii. Continue funding for HUD HOME and HOPE Programs.
c.
Change Federal banking regulations to exempt banks from having to count financing or
Letters of Credit for low income housing in their risk capital limit calculations.
d.
Provide additional or enhanced State/Federal or other assistance to first-time homebuyers,
including efforts to increase funding for the City's Mortgage Credit Certificate program.
e.
Support principles for housing element reform legislation as recommended by the
SANDAG Housing Element Advisory Committee and approved by the SANDAG Board.
f.
Prevent the loss of affordable housing units tluough federal funding for acquisition of at-
risk units by non-profit agencies; and special section 8 subsidies for affected low-income
tenants.
g.
Encourage the use of alternative dispute resolution measures as opposed to costly and time
consuming litigation in condominium and townhouse construction defect challenges.
Note: The proliferation of lawsuits ove, alleged construction defects has led to a nearly complete withdrawal from
eondominimnftownhouse eonstmeboo by the development indusb:y throughout California. These attached
homes a" a nibeal element in ~" first-orne home buye, market
h.
Develop Federal and State participation and financial support for programs to provide
adequate housing for the elderly, handicapped and low-income persons tluoughout the
community.
Maintain and create tax incentives for private revitalization of existing commercial,
industrial and housing resources where such assistance benefits the City.
Oppose efforts to:
a. Grant the State or Federal government approval or veto authority in the implementation of
local redevelopment and rehabilitation projects.
b.
Prohibit any state agency from making subventions, financing, insurance or any other kind
of assistance, available to any city or county that has in effect any rent control measure.
H.
Land Use Planning.
1.
Support efforts which:
a. Strengthen local governments' powers and capacity to prepare, adopt and implement plans
and programs for orderly growth, development, beautification, and conservation of their
planning areas.
b.
Are consistent with the doctrine of "home rule" and the local exercise of police powers,
through the planning and zoning processes, over local land use.
c.
Expand the land use, conservation, and growth management policies of municipalities to
tlle unincorporated territories within their spheres of influence.
d.
Broaden local government's power to require developers and subdividers to provide the
on-site and off-site facilities and infrastructure needed by their projects.
-:-
/<Í -/ tJ
2.
I.
Library.
1.
e.
Maximize the authority of the City to exercise local control over general plan decisions.
f
Require special districts and school districts, including community colleges, to adopt
facility master plans which are consistent with City and County general plans and growth
management programs, and to adopt five year capital improvement programs and
financing plans which are consistent with theiI facility master plans.
g.
Limit Coastal Commission authority over land use decisions outside the Coastal Zone,
including those that are tied to Federal permits such as Habitat Conservation Plans and
Incidental Take Permits pursuant to the Federal Endangered Species Act.
Oppose efforts to:
a. Abridge local governments' ability to effectively plan, or regulate loca11and use including:
amendments to the laws governing the local agency formation commission (LAFCO);
legislation which would financially overburden local governments in theiI efforts to amend
planning policy, regulate land use through removal of incompatible developments,
redevelop blighted areas, or annex territories which are within a city's spheres of influence.
b.
Site aiIports that would adversely impact the Chula Vista area.
c.
Politicize the adoption of State Mandated Building and Life Safety Codes.
d.
Introduce major changes to Building, Energy or Accessibility code requiIements without
providing sufficient time and resources for local government and industry training.
Support efforts to:
a. Provide continued augmented or full funding for the: Califorrria Public Library Fund (PLF),
Library of California and California Library Services Act (ClSA), including Transaction
Based Reimbursements, literacy programs and library services for all age groups.
b.
Provide for continued and/or augmented funding of the Federal Library Services and
Technology Act.
c.
Fund library construction and/ or renovation.
d.
Provide programs at both the State and Federal level that guarantee for libraries the largest
possible discount in rates for telecommunication services, internal connections and access
to the Internet.
e.
Preserve existing provisions that exempt libraries from having to act as censors of literature
or information.
J.
Parks & Recreation.
1.
Support efforts to:
a. Provide State/Federal funding for such City programs as those supporting: the arts, child
care, after school programs, gang prevention and diversion, and drug prevention and
intervention in a community-based recreation setting.
b.
Provide funds for consh.uction of new parks as well as renovation of deteriorating park
and recreation facilities.
/'Y'
K.
Public Employer-Employee Relations.
1.
2.
L.
Public Liability.
1
Support efforts to:
a. Protect the rights of cities to establish conditions of employment, including hours, wages,
employee benefits, the meet and confer process, appeal procedures, and management
rights.
b.
Reform California Workers' Compensation Program to reduce public costs and tighten
restrictions.
c.
Amend the Fair Labor Standards Act to ensure that executive, administrative and
professional employees still qualify as exempt.
Oppose efforts to:
a. Impose restrictions on the scope and authority of charter cities to control their own health
plans or retirement systems.
b.
Mandate the inclusion of local government employees in the Social Security System and/ or
Medicare.
c.
Increase workers' compensation benefits without also making needed reforms.
d.
Mandate changes, impose limitations, and/or other benefit plans, wages, hours, or
working conditions that are properly determined through the meet and confer process.
e.
Mandate binding arbitration in public employee disputes.
f.
Reduce local control over public employee disputes and impose regulations of an outside
agency (such as PERS).
g.
Prohibit employers from testing employees or employment applicants for illegal
substances.
Support efforts to:
a. Change the legal principal of "joint and several liability" to protect the City against "deep
pocket" liability.
b.
Reinforce public entity design and discretionary act immunity.
c.
Prohibit recovery by a plaintiff for injury where those injuries were caused as a result of
avoiding a police pursuit.
d.
Minimize governmental financial exposure to frivolous lawsuits and improve liability
protection for governmental agencies and their personneL
e.
Expand the existing list of "hazardous activities" so that public entities and public
employers are not liable for injuries to any individual(s) who participate in these activities
(e.g. skateboarding, rollerb1ading).
JL/
2.
M.
Public Safety.
l.
2.
Oppose efforts to:
a. Further erode government immunity.
b.
Force the City to accept risks it would not normally accept in the ordinary comse of
business (e.g. mandating acceptance of below-grade or low-grade sureties on performance
bonds or labor and materials bonds).
c.
Repeal Proposition 213 (1996) that prevents uninsmed motorists from collecting damages,
other than property damages, through litigation.
Note: Trial Lawye" Assoc. hopes to ,epeal this measme pmtecting cities, among others, cram undue liability.
Support efforts to:
a. Strengthen present State and Federal laws that give local governments the power to further
restrict or regulate prostitution.
b.
Increase penalties for the manufacture or sale for profit of dangerous drugs.
c.
Prohibit the sale and brandishing of replica or facsimile fireaIms.
d.
Toughen drunk driving laws, penalties or enhancements.
e.
Strengthen the City's ability to regulate public displays of material that is haImful to
minors.
f.
Legalize alternative methods of police enforcement activities.
g.
Provide greater authority for police or other local agencies to control graffiti, curfews,
juvenile crime and alcoholic beverage control.
h.
Provide funding for local public safety staffing, programs or equipment, as well as
programs that foster interdepartmental or inter-agency cooperation.
Develop a uniform "junk gun" ban that does not restrict the type of weaponry used by off-
duty law enforcement officers.
Protect local governments' ability to establish/determine the level of Emergency Medical
Service (EMS) provided within their own boundaries.
k.
Provide reimbursement to local government for "first responder" costs associated with pre-
hospital treatments such as those provided by local fire department persOlmel.
Increase municipal funding for the removal of abandoned vehicles.
Oppose efforts to:
a. Preempt local public safety ordinances.
b.
Reduce State/Federal funding for public safety programs.
c.
Reduce or impair the authority of local agencies to control graffiti, curfews, juvenile crime
and other public safety issues.
d.
Change/remove date, and/or shift to the employer, the burden of proof related to all
illness presumptions.
10
/L/' -/3
N.
Public Works & Transportation.
1.
2.
Support efforts to:
a. Provide funding, which would complete missing freeway links; esp. SR-125 and 1-905.
Note: Construction of the Sweetwater segment of SR-l25 has begun. It is in the City's best interest to ensure that
completion of the project remain a high priority for the State.
b.
Fund local transportation projects, including congestion mitigation measures that apply to
public transit.
c.
Reduce municipal costs associated with CalTrans projects.
d.
Allow local agencies flexibility in compliance with the Americans with Disabilities Act to
provide the greatest benefit to the local disabled population, rather than committing scarce
resources to achievement of 2 % maximum sidewalk and driveway slopes.
e.
Revise speed limit laws to allow for radar enforcement of residential street speed limits
(e.g. at levels below the 85th percentile as determined by a traffic study).
f
Require CaITrans to allow cities an exemption from CalTrans' public work project
requirements if CalTrans is not meeting those same requirements.
g.
Amend PUC regulations to prohibit utilities from locating cables directly into concrete
sidewalks and require said cables to be placed 24"-36" below sidewalk surfaces.
Note: Engineering staff reports a gmwing problem in finding telephone cables embedded in the concrete
sidewalks. Sidewalk œconstructioo becomes virtually impossible without damaging the cable lines.
h.
Exempt all city vehicles and transit drivers from the Biennial Inspection of Terminals
program requirements for "drivers hours of service" during emergencies, similar to the
exemption granted to gas and elech.ic companies.
Note: TIUs pwgram was iotcnded to ,.egolate the tunes thai commercial truck drivers spend on the road, but has
no exemptions for city vehicles oU,e,. than U'ose operated by the Fire Department. It unnecessarily restricts city
public works vehicles and hampers local governments' ability to respond to emergency situations such as flooding
or earthquake damages.
Increase the priority given to public works facility funding from State and Federal sources
to projects (including but not limited to roads, bridges and light-rail transit facilities) that
are linked to implementation of "smart growth" policies (e.g. jobs/housing balance, transit
oriented development, etc.)
j.
Allow cities to collect fees for use of the public right of way from currently exempt users
such as telecommunications companies.
k.
Provide funds to assist cities in meeting the National Pollutant Oischar¡r;e Elimination
System (NPOES) requirements.
Oppose Efforts to:
a. Further restrict development impact fees for roads, bridges, and public facilities levied
against developers of property.
b.
Further restrict fees and assessments levied against individuals or entities receiving a
special benefit.
II
/L/ -/1/
o.
Redevelopment.
1.
Support efforts to:
a. Amend the State Community Development law to allow a jurisdiction to combine tax
increment from all projects for use in a specific project.
b.
Extend the life of redevelopment project areas, as well as the time during which debt may
be incurred or issued in those project areas.
c.
Facilitate the formation of Business Improvement Districts and extend the life of those
districts.
d.
Increase funding/incentives to redevelop brown field projects
e.
Adjust Redevelopment Agency members pay (more than $30 per meeting, up to 4 times
per month).
2.
Oppose efforts to:
a. Discontinue State supplemental subvention for redevelopment agencies.
b.
Further control or restrict the use of tax increments in redevelopment projects.
C\. ..\2001\memos\O2Iegpgm.dft2
12
RESOLUTION NO. 2001-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ADOPTING THE 2002 LEGISLATIVE PROGRAM
WHEREAS, Council Policy 300-01, dated January 1987, provides for
the adoption of a City Legislative Program; and
WHEREAS, the Legislative Program represents the City Council's
position on items likely to be acted upon by the State Legislature, Congress,
or administrative agencies; and,
WHEREAS, by adopting a Legislative Program at the beginning of each
two-year legislative session and amending it at mid-term, Chula Vista can take
a proactive role in sponsoring, supporting, or opposing bills related to the
city's various legislative priorities; and
WHEREAS, an updated 2002 Legislative Program to guide staff and our
legislative consultant throughout the remainder of 2001/2002 session are
recommended for adoption by the Legislative Committee.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Chula Vista does hereby adopt the 2002 Legislative Program in the form set
forth in Exhibit "A".
BE IT FURTHER RESOLVED that staff and the Legislative Committee are
hereby authorized to implement this program.
Presented by
Approved as to form by
/c;
David D. Rowlands, Jr.
City Manager
/'1 -/6
~ ~ \4-.
CALIFORNIA'S
November 2001
Elizabeth G. Hill
. Legislative Analyst
This report provides our projections of General Fund revenues and expendi-
tures for 2001-02 through 2006-07 It includes our Independent assessment
of the outlook for California's economy, demographics, revenues, and
expenditures.
Chapter 1 contains our principal findings and conclusions. Chapter 2 presents
our economic and demographic projections, Chapter 3 our revenue forecasts, and
Chapter 4 our expenditure projections.
Our fiscal projections reflect current-law spending requirements and tax provi-
sions. They are not predictions of future p01lcy decisions by the Legislature, nor are
they our recommendations as to what spending and revenue levels should be.
This year marks the 60th anniversary of the Legislative Analyst's Office which
was the fIrst of its kind in the nation. This report, In its seventh year of publication,
reflects the historical mission of the office to assist the Legislature with its flscal
planning by assessing the revenues and expenditures of the state. The report is part
of an ongoing series and is updated periodically.
LegislatJve Analyst's Office
California's Fiscal Outlook
Legislative Analyst's Office
Legislative Analyst
Elizabeth G. Hill............................................ 445-4656
Deputy Legislative Analysts
Hadley ]ohnson,]r. .....................................................319-8303
Mac Taylor .................................................... 319-8301
Capital Outlay ....................................319-8329
DIrector ...................................................... Mac Taylor
Higher education facilities ..............."................ Paul Guyer
Corrections fadlitJes ..................."................... Chris Guyer
Natural resources infrastructure .................. Steve Lehman
Criminal Justice and
State Administration .........................319-8349
DIrector .................................................. Greg Jolivette
Adult corrections ........................................ Yvonne Choong
Courts ...............................................,... Stephanie Marquez
Juvenile/local criminal justice .................."... Jeff Cummins
Information technology and
state administration ..............."................. Anna Brannen
Economics, Taxation, anc;l
Fiscal Forecasting ............................319-8319
DIrector ............................................ Jon David ~
Economics/forecasting .................................. Brad Williams
Budget overview/
demographir.'IIenergy ................,...... Keely Martin Bosler
Taxes .................................................................... Mark Ibele
Higher Education ..............................319-8339
DIrector ..........................",...................... Steve Bollard
UC/finandalaJd ........."..................................." SonaNagar
Community Colleges ......................................Steve Boilard
CSU/Teacher training .................................." Jennifer Kuhn
K-12 Education ..................................319-8339
DIrector ............................................... Robert 1ùmage
Proposition 98 ..............,............................. Robert Turnage
Compensatory educationlchildcare ......". Anthony Simbol
School reform/accountability............... Robert Manwaring
Revenue linútslspecial education ..".... Jennifer Borenstein
Instructional materials!
health-related programs..................... Rebecca Ronquillo
Health Services .................................319-8349
DIrector ............................................ Daniel C. Carson
Medl-Ca1-familieslchlldren...........................Farra Bracht
Medi-Cal-elderly/disabled ........................., Tiffany Reyes
Public health/Healthy Families ............."......... Lisa Folberg
Mental health ............................................ Daniel C. Carson
Social Services..............._.................319-8319
DIrector ..................................................... Todd Bland
CalWORKs ...................................................... Kasia O'Neill
CWld welfare, cWid support ...............................Mary Adèr
Aged, blind, and disabledl
employment program<................................... Todd Bland
Local Government ............................319-8319
DIrector ......................,............................... Mac 1à:y1or
County and dty fiscal. affairs ............... Marianne O'Malley
County and special district
fiscal affairs ............................................... Michael Cohen
Resources and
Environmental Protection ................319-8329
DIrector ................................................. Marlt Newton
Land acqulsitionlhabitat protection ............... Jason Weller
Air quality/solid and
hazardous waste ................................. Catherine Freeman
Wildlife/parks/forestry ..........................Jenny Giambattista
Transportation, Business,
And Labor ..........................................319-8329
DIrector ............................................"""'" Dana Curry
Gambling/consumer protection ..,..................... Bill Herms
BIL<iness regulation and development .............. Todd Clark
Transportation finandng/bighways ............. Joel RJphagen
Public Transportation/tramc enforcement .... Sam Delson
Legislative Analyst's omiê
Chapter 1
The Budget Outlook .................................................1
Chapter 2
Economic and Demographic Projections ..................7
Chapter 3
Revenue Projections ................................................ 15
Chapter 4
Expenditure Projections .......................................... 23
Legislative Analyst's Office
Chapter 1
SUMMARY
. Annual budget shortfalls will persist well
beyond 2002-03 absent corrective actions. As
a result, it will be necessary to adopt sub.
stantial ongoing expenditure cuts and/or
revenue augmentations In order to bring the
budget back into ~alance.
The current recession and declining stock mar-
ket values are having devastating Impacts on
California's budget outlook. largely due to shortfalls
in revenues. Figure 1 tells the story in a nutshell, It
shows that after increasing 22 percent in 1999-00,
revenues decelerated to 8 percent growth in
2000-01, and are projected to fall
12 percent in 2001-02-the deep-
est one-year decline in the post-
World War II period. This abrupt
revenue fall-off Is pushing the state
into a major deficit for the first
time since the early 1990s. Specifi-
cally, we estimate that:
. California will end
2001-02 with a deficit of
$4.5 billion. compared to
the $2.6 billion reserve as-
sumedinthe 2001-02Bud-
get Act.
. The 2002-03 budget year
faces a shortfall of
$12.4 billion and poten-
tially even more If the re-
covery we are assumIng for
next spring Is delayed.
legislative Analyst's Office
California's FiscaJ Outlook
KEY FORECAST
ASSUMPTIONS
Economic Outlook
Economy Soft Prior to September 11
The u.S. and California economies were on the
brink of recession even before the September II ter-
rorist attacks, with economic measures such as em-
ployment, personal income. and taxable sal¡>.s hav-
ing been on a slowing trend since the beginning of
200 1. Key factors behind California's slowdown were
the national weakness in business investment-par-
ticularly in high-tech goods and services-as well
as reduced wealth and income related to declining
stock market values.
Weakness Intensified Following Attacks
As with the rest of the nation, California's eco-
nomic downturn accelerated in the weeks following
the September 11 attacks. The most severe adverse
developments have been in travel-related industries,
where, for example, hotel occupancy rates in No-
vember remain well below year-ago levels. However,
softness is also being experienced in a wide variety
of other industry sectors. including manufacturing,
real estate, retail sales, and entertainment.
Outlook-Recession That Ends in
Spring 2002
Our forecast assumes that the national and state
economies are currently in a recession that will last
until spring of 2002. The downturn is forecast to be
relatively mild in terms of job losses, although the
adverse Impacts on personal income will be much
more pronounced than on employment. This is due
to the sharp reduction in stock options-related earn-
ings estimated for 2001 and early 2002. Our forecast
is similar to the consensus vieVv that the national and
state economies will emerge from the downturn next
spring, and that economic growth wiJI accelerate
through 2003. We specifically project that Califor-
2
nia personal income growth wiJI fall dramatically
from 9.8 percent in 2000 to 1.1 percent in 2001, be-
fore rebounding to 4.2 percent in 2002.
Revenue Outlook
Sharp Falloff Due to Soft Economy and
Stock Market Decline
Total revenues are projected to decline from
$77. 1 biJIion In 2000-01 to $68.3 bl1lion in 2001-02.
a drop of l2.l percent. Our updated current-year
revenue forecast is $6.8 biJIion below the 2001-02
Budget Act forecast. reflecting the softening economy
and a sharp drop in capital gains and stock options-
related revenue. We then expect that the economic
rebound wiJ] boost revenues by 9.2 percent in
2002-03. Despite this upturn. however, revenues will
not regain their 2000-01 level until 2003-04, Over
the longer term, we forecast that revenues will grow
another 10 percent in 2003-()4. then settle into an-
nual increases of about 1.5 percent thereafter.
Delay in Economic Recovery Wouid
Further Depress Revenues
Our forecast is for a relatively short-lived reces-
sion. However, there are a number of factors that
could deepen and prolong the downturn. These in-
dude the ongoing effects of terrorism on spending
by consumers. the uncertain timing of the recovery
in business investment, and the depressing effects
of the stock market's losses on wealth and spend-
ing. Given the considerable sensitivity of state rev-
enues to changes in the strength of the economy. a
delay in the economic recovery would further hurt
the budget's outlook. As an illustration, we estimate
that a six-month delay in the recovery-from spring
2002 to fall 2002-would reduce budget-year rev-
enues by $3 billion to $4 billion below our forecast.
General Fund Condition
Figure 2 presents our updated estimates of the
General Fund condition for 2000-01 through
2002-03. These estimates take into account our fore-
Legislative Analyst's Office
California's Fiscal Outlook
Governor's recent executive orders that impose a
hiring freeze and reduce procurement spending. as
well as legislation enacted this summer, In addition.
as discussed In the accompa-
nying box. they assume that
the $6-plus billion in General
Fund loans used to purchase
electricity this past year will
eventually be repaid, and thus
have no direct impact on the
General Fund's condition.
casts for state revenues and expenditures that are dis-
cussed in detail in Chapter 3 and Chapter 4. respec-
tively. They include our estimated Impacts of the
Budget Outlook
For 2001-02
The 2001-02 budget en-
acted in]uly assumed that the
current fiscal year would end
with a reserve of $2.6 billion.
Ho~ever, the $6.8 billion de-
cline in revenues relative to
legislative Analyst's Office
3
California's Fiscal Outlook
the 2001-02 Budget Act estimate wi1l eliminate the
planned reserve and push the state into a deficit of
$4.5 billion.
As noted in Figure 2 and illustrated in Figure 3,
our forecast for revenue.s, at $68,3 billion, is more
than $10 billion below the estimated expenditure
total of $78.7 billion for the year. Aside from its im-
pact on the current-year budget situation, this large
operating deficit has serious negative implications
for the budget outlook in 2002-03 and beyond. The
fact that ongoing expenditures are running $10 bil-
lion above ongoing revenues means that-even with
healthy revenue increases-large annual excesses of
expenditures over revenues will likely persist in fu-
ture years, absent corrective actions.
Outlook for 2002-03 and Beyond
Basis for Our Estimates. Our revenue and expen-
diture forecasts for 2002-03 and beyond are based
primarily on the provisions of current law. For ex-
ample, we have adjusted the cur-
rent-year spending plan for consti-
tutional and statutory funding re-
quirements (such as the Proposi-
tion 98 minimum funding guaran-
tee for K-14 education), as well as
for projected changes in caseloads,
cost-of-living indexes, price levels,
federal reimbursement rates, and
other factors affecting program
costs. We have also adjusted the
budget for any one-time spending
in the current year.
It Is important to note that our
fiscal estimates are not predictions
of what the Legislature and Gov-
ernor will adopt as policiei and
funding levels in future budgets.
Nor are they our recommenda-
tions of what tax and spending
4
policies should be. Rather, they are intended to be a
reasonable "baseline" projection of what would hap-
pen If current-law policies were allowed to operate
in the future. By using this approach, we believe that
our forecast provides a meaningful starting point
for legislative deliberations involving the state's bud-
get.
The 2002-03 Outlook. As shown In Figure 2, we
estimate that:
. Revenues will increase from $68.3 billion in
the current year to $74.6 billion In 2002-03,
an increase of 9.2 percent.
. Expenditure.swillgrowfrom $78.7 bJIIlonln
the current year to $82.6 billion In the bud-
get year, an increase of 4.9 percent.
. Given the faster increase in revenues than in
expenditures, we anticipate that the annual
Legisiatlve Analyst's Office
California's Fiscal Outlook
operating deficit (that is, revenues minus
expenditures) will shrink modestly from
$10.4 billion in the current year to $8 billion
in 2002-03.
. When combined with the current-year defi-
cit of $4.5 billion, next year's operating
shortfall will push the year-end budget
shortfall up to $12.4 billion.
Our expenditure estimate for 2002-03 assumes
increases in health and social services programs av-
eraging about 8.5 percent. This above-average in-
crease Is due to a variety of factors, including high
medical inflation, statutory cost-of living adjust-
ments, and provider rate Increases. On the other
hand, our forecast assumes that General Fund spend-
ing on ProPOsition 98 increases just 1.6 perr.ent In
the budget year, due to the restraining effects of the
economic slowdown on the minimum guarantee
calculation.
LoIlger- Tenn Oudook. Over the longer term, we
project that General Ftmd revenues will grow some-
what faster than expenditures. Specifically, we fore-
cast that revenues will increase at an average annual
rate of 8 percent from 2003-04 through 2006-07,
compared to annual expenditure increases averag-
ing 6.3 percent. Based on these projections, the an-
nual operating deficit will sJ:uink from about $8 bil-
lion in 2002-03 to $4.1 billi~ by 2006-07 (see Figure 3).
A key factor restraining expenditure growth over
the longer term is slowing enrollment in K-12 edu-
cation, which limits groWth in the ProPOSition 98
guarantee. In other areas, we project above-average
increases in Medi-Cal expenditures, reflecting ('.on-
tinued rising medical costs and utilization, moder-
ate increases in combined spending on social ser-
vices programs, and somewhat below-average In-
creases in criminal justice and other state programs.
Our out-year estimates include the resumption of
Legislative Analyst's Office
$1 billion in General Ftmd outlays for transporta-
tion programs in 2003-04, consistent with legisla-
tion enacted in 2001.
Basic Strategies for
Addressing the Deficit
As indicated above, the state faces a cumulative
shortfall of $12.4 billion In next year's budget. While
the annual shortfalls between revenues and expen-
ditures are projected to shrink some over time, they
will remain quite large, absent corrective actions.
Given the pp.rslstence of large annual shortfalls
into the future, any comprehensive solution to the
budget problem would Ideally include substantial
OIlgoing adjustments to revenues and/or expendi-
tures. Ongoing solutions (that is, revenue or expen-
diture adjustments enacted in one year that would
automatically repeat themselves in future years)
could include reductions Or elimination of inflation
adjustments for programs. permanent reductions in
program service levels (such as by reducing caseloads
or limiting benefits), or permanent increases in fees
or tax rates. As one example, a 2 pen:ent reduction
in spending groWth during each of the next two years
(for example. the restriction of inflation adjustments
or service reductions) would lower expenditures
from our estimates by about $1.5 billion in 2002-03
and $3 bi1Jion in 2003-04 and thereafter.
To the extent that ongoing solutions are adopted
that Cover most of the projected operating short-
falls, the Legislature could use a Variety of strategies
to address the balance of np.xt year's shortfall-in-
cluding one-time adjustments to revenues or expen-
ditures. Examples of one-time adjustments include
temporary service reductions, temporary fee increases,
or deferrals in scheduled COSt-of-living adj~1ments.
Given the magnitude of the adjustments that will
be necessary to address next year's budget problem,
5
California's Fiscal Outlook
it will be important for the.
Legislature to consider a wide'
range of different spending
and revenue-related strategies.
As was the case in the early
1990s, when an equally large
budgetary shortfall existed,
the budget-balancing strate-
gies fall into several broad cat-
egories. These are summarized
in Figure 4.
In the coming months, our
office will be assisting the Leg-
islature with possible expendi-
ture and revenue options for
addressing the projected bud-
get shortfall.
6
Legislative Analyst's Office
Chapter 2
Eeo nomic and
Demographic Projections
Economic and demographic developments in
California have important effects on the state's fis-
cal condition through their Impacts on both tax re-
ceipts and state expendltu!"eS. This chapter presents
our economic and demographic projections for 2001
through 2007, which will affect California's fiscal
condition during fiscal years 200l-02 through
2006-07.
THE ECONOMIC OUTLOOK
After nearly eight years of economic expansion,
California-along with the !"eSt of the nation-en-
tered a recession in the second half of 2001. At this
time, we are projecting that the downturn will be
relatively modest in terms of employment losses-
especially when compared to the prolonged down-
turn of the early 1990s. However. the recession will
have a more pronounced adverse effect on personal
income and state revenues than on employment.
largely due to the Impacts of recent stock market
declines on stock options and capital gains,
There also Is considerable uncertainty surround-
ing the current outlook. This relates to sUTh factors
as (I) the ongoing effects of the recent terrorist at-
tacks, (2) the dramatic decline this year In stock
market wealth. and (3) the uncertain timing of any
improvement in u.S. investment spending, particu-
Legislative Analyst's Office
larlyon high-tech goods and services. These factors
could, individually or collectively, deepen and pro-
long the recession.
Recent Developments
The National Economy
Before September 11. Even before September 11,
the u.S. economy was teetering on the brink of re-
cession. Business spending had been soft all year, and
consumer spending also was moderating. While the
consensus outlook in early September was that the
u.S. economy would narrowly avoid a full-blown
recession, most projections put the risk of a down-
turn at nearly 50 percent. Recent reports on the con-
dition of the u.S. economy immediately before Sep-
temb~.r 11 suggest the economy may have already
been In decline.
After September 11. The terrorist attacks pushed
the u.S. economy "over the edge" Into recession by
accelerating the slowdown noted above. Consumer
and business spending collapsed in the weeks im-
mediately following September I I, and while there
are positive signs that consumer spending has sub-
sequently ~.xperlenced a partial rebound, most indi-
cators of business confidence and spending remain
extremely weak. New orders for manufacturing
goods dropped 8.5 percent to a five-year low In Sep-
tember, as businesses cancelled or postponed com-
mitments for aircraft, telecommunications equip-
California's Fiscal Outlook
ment, computers, and other equipment. Layoffs were
announced by f1ITIlS throughout the economy, with
particularly large job cuts instituted by companies
in the airline, travel, and aircraft manufacturing sec-
tors. Between September and October, the u.S,
economy lost 415,000 jobs and the unemployment
rate jumped from 4.9 percent to 5.4 percent.
In response to the economy's weakness, the Fed-
eral Reserve moved aggressively to lower interest
rates, and the President and Congress are consider-
ing tax and spending measures aimed at stimulat-
ing future economic growth. The timing of any eco-
nomic rebound, however, remains uncertain.
California's Economy
Before September 11. California's situation prior
to September 11 was similar to the rest of the na-
tion. While the state's economy held up wen early in
the year, private sector employment has been declin-
ing in recent months. Prior to
September 11, however, the
weaknp.ss was mainly concen-
trated in high-tech industries.
For example:
. Figure 1 shows that sig-
nlficantjob losses were
experienced in the
manufacturing and
business services sectors
since the start of the
year, which were prima-
rily related to cutbacks
in computer and soft-
ware industries.
. Figure 2 shows that un-
employment nearly
tripled in the tech-heavy
Santa Clara County area
during the past year,
8
The adverse effects of the state's economic slow-
down on sales and income in the pre-September pe-
riod were more pronounced than for unemploy-
ment, with both taxable sales and personal income
slipping from their large increases in 2000 to near-
zero growth in the fIrst half of 2001. A key factor
behind the slowdown in both of these meæ.-ures was
the dramatic decline in stock options-related earn-
ings, which has significantly reduced wealth, income,
and spending in the state's economy.
After September II.As with the nation, the eco-
nomic slowdown in California appears to have
broadened and deepened in the weeks foHowing the
September 1 I attacks. A recent survey by the San
Francisco Federal Reserve of economic conditions
in the western states indicates that all sectors in the
region slowed sharply immediately after
September I I, with the most severe declines reported
in the travel-related industrIes. While some survey
Legislative Analyst's Office
California's Fiscal Outlook
respondents reported that business activity subse-
quently rebounded, many ethers indicated that sales
remained soft. Other signs of continuing economic
weakness Include softness in withholding payments,
Industry reports of extremely low hotel occupancy
rates, drops In help wanted advertising, and sharp
Increases In new claims foI' unemployment.
The National Outlook
Near-Term Forecast (2001 Through 2003). Our
forecast, which Is consistent with the consensus of
most public and private economists as of late Octo-
ber, Is that the u.S. economy wlll remain in reces-
sion through early 2002, but that a rebound will
emerge beginning next spring. The main assump-
tions behind this forecast are that (1) the chilling
effects of the September 11 attacks on consumer and
buslnl'.ss activity will slowly subside, (2) the stimu-
lative effects of federal monetary and fiscal policies
will bolster Income and spending next year. and
(3) businesses will step up spending In 2002 In the
infonnatlon technology (IT) area. As shown In Fig-
ure 3 (see page 10). we project that growth in real
gross domestic product (GDP) will accelerate frorn
a marginal 0.8 percent next year (reflecting sluggish
conditions in the first half and improvement In the
second half) to 4 percent in 2003. The unemploy-
ment rate, which stood at 5.4 percent In Octob~l" is
expected to peak at about 6.5 percent In mid-2002,
before dropping back to 5.3 percent by the end of
2003. inflation is expected to subside over the next
two years, reflecting the economy's current large
amount of unused productive capacity, lessening
wage pressures. and stable oil prices.
Longer-Term Forecast (2004 Through 2007). Our
longer-tean forecast assumes that real GDP will in-
crease at a trend rate of just under 3 percent per year
through the end of the forecast period. This average
annual growth rate is about three-quarters of what
our longer-term outlook assumed last November,
reflecting recent downward revisions to productiv-
Ity gains In the late 19905. These
revisions have in turn caused many
economists to reassess downward
the prospects for growth in poten-
tial output In future years. We also
assume that Inflation will rerriain
subdued, with the Consumer Price
Index increasing at an average an-
nual rate of 2.7 percent in the lat-
ter four years of our forecast.
California's Outlook
Near-Term Forecast (2001
Through 2003). We expect that the
economic downturn In California
will continue through early 2002,
consistent with the national
economy's performance. Factors
contributing to the slide Include
ongoing weakness In high-tech
spending, the adverse effects of the
LeglslativeAnalyst's()llke .I,
9
California's Fiscal Outlook
September 11 attacks on the state's travel and tour-
ism-related industries, and the negative impac~ of
recent stock market decHnes on wealth, Income, and
spending In the state.
Although both employment and income will ex-
perience declines. Figure 4 shows that income will
be the hardest hit:
. The downturn in employment is projected
to be relatively modest by historical stan-
dards, withjob losses totaling about 140,000
between mld-2001 and early 2002. This is
about one-third the job losses experienced
in the early 1990s' recession.
. In contrast, we expeçt the income declines
to be substantial in this downturn. As shown
in Figure 4, the year-over-year growth in real
personal Income is projected to fall from a
peak of 8.8 perœnt in early 2000 to a minus
5.2 perœnt in late 2001. This sharp slow-
down is partly due to the reductions Injobs
and stock options in the high-paying IT-re-
lated sectors of the economy.
On a more positive note, we expe(:t the job and
Income decJines to be rpJatively brief, especially when
compared to the early 1990s, when restructurings
in the defense, banking. and telecommunications
industries prolonged California's recession. We fore-
cast that employment and income in California will
rebound when the national upturn ensues during
the spring of 2002. We project that personal income
growth will accelerate from 1.7 percent In 2001. to
4.2 percent in 2002 as the recovery takes hold, and
further to 7.8 perœnt In 2003.
Longer- Term Outlook (2004 to 2007). Our
longer-term forecast assumes that after rebounding
in 2002 and 2003, the California economy will ex-
pand at more moderate-but still healthy-rates in
the subsequent three years. We expect that growth
In jobs and Income will outpace the nation during
10
Legislative Analyst's Office
California's Fiscal Outlook
those years, reflecting California's favorable mix of
fast-growing industries and above-average rate of
population Increases,
very cautious. Further business cutbacks in
employment, Production, and investment
could undermine the chance for a recovery
during the first half of 2002. In addition,
further adverse effects could occur to the
extent that additionaJ terrorist-related dis-
ruptions take place, such as the current prob-
lems being experienced with mail delivery.
Risks to the Outlook
There always are a variety of uncertainties asso-
ciated with making economic forecasts, including
what future inflation will be, the likely Course of in-
tefC1.t rates, and how foreign economies will perform.
However, the current forecast faces additional un-
certainties that go well beyond those normally en-
countered. These are in three m'!jor areas;
.
Timing of IT Spending Recovery. A second
and related risk involves the timing of an up-
turn in bUSiness investment spending involv-
ing IT-related goods and services. The fore-
cast assumes that technologically driven in-
vestment in these areas will pick up next Year.
A delay In this recovery would have nega-
tive implicatlons-especial1y for California,
which accounts for about 20 percent of the
nation's high-tech' Industry Sector.
. Effects of Terrorism. The main uncertainty
here relates to the Ongoing effects of the Sep-
tember 11 attacks. The forecast assumes that
consumer and bUSiness spending will slowly
recover to pre-September levels. While there
are tentative signs that consumers are being
enticed to spend more by price cuts and low-
interest loans, businesses currently remain
. Stock Markets Effects. Given the increased
importance in recent years that the
stock market has played in terms
of generating wealth and income
In California, the future perfor-
mance of the market will be a key
factor in the timing and strength
of California's economic recovery.
Our forecast assumes that stock
market valuations will increase
moderately beginning next year, in
turn bolstering the wealth and in-
comes of Californians from their
current levels. Given this, a stagna-
tion or further decline in share val-
ues would have a restraining effect
on the projected economic TCCovery,
Legislative Analyst's Office
11
California's Fiscal Outlook
THE DEMOGRAPHIC
OUTLOOK
due to significant growth In the female population
of child-bearing age groupS In faster-growing seg-
ments of the population, including Hispanic and
Asian women.
The results of the 2000 Census Indicate that
California's population totaled around 34 million as
the new millennium began. The state's population
Is projected to grow at an average rate of about
1.5 percent annua11y over the next six years. This
growth Is slightly slower than that experienced In
the latter part of the 1990s, reflecting both the
dampening effet.1s of a slowing (.'COnomy on net In-
migration, as well as a continued decline In birth rates.
Net In-Migration. We project that net in-migra-
tion will average roughly 285,000 annually over the
next six years, which Is just slightly more than the
natural-Increase component. As indicated by Fig-
ure 5, the population growth associated with net In-
migration is projected to decline In the near term
due to the slowing of the California economy. How-
ever, a modest rebound Is forecast In 2004 reflecting
the state's projected economic recovery.
population Growth Components
California's population growth can be broken
down Into two major components-natural Increase
(the excess of births over deaths) and net in-migra-
tion (persons moving Into California from other
states and countries, minus people leaving the state
for other destinations). As indicated by Figure 5, the
population growth associated with
natural increase accounts for
roughly one-half of California's
projected annual growth over the
forecast period. and Is assumed to
be fairly stable. Net In-migration
accounts for the other half of the
growth over the period, but varies
with California's economic cycle.
Natural Increase. We project
that the natural-Increase compo-
nent will contribute around
270,000 new Californians annually
over the forecast period. This
amount is slightly less than in the
late 1990s due to the ongoing de-
cline of birth rates being experi-
enced by all ethnic groups, Despite
declining birth rates, the natural-
Increase component grOWS slightly
Nearly 85 percent of the net In-migration is as-
sociated with foreIgn in-migration. Foreign in-mi-
gration has remained relatively steady over the past
decade and we expect similar levels in the near fu-
ture. although some decline should result from the
economic slowdown.
12
Legislative Analyst's Office
California's Fiscal Outlook
Regarding net domestic in-migration, this has
historically fluctuated with California's economy.
For example, California's early 1990s' recession re-
sulted In negative net domestic In-migration, as
more people were leaving the state than were mov-
ing in &om other states. Similarly, we project that
the cUrrent slowdown of the state's economy again
wiIJ result in a decline in net domestic in-migration,
especially in the very near term. However, domestic
migration should rebound some-
what in response to the economy's
recovery, before tapering off to its
projected long-term level.
Growth to Vary by
Age Group
Figure 6 shows our POpulation
growth projections by broad age
categories, induding both numeri-
cal and percentage growth. The 45-
to-64 age group (baby boomers)
continues to be the fastest growing
segment of the pOpulation. Nearly
1.8 million new people are ex-
pected to move into this age cat-
egory over the next six years.
These various age-group de-
mographic projections can have
significant implications for the
"
Legislative Analyst's Office
state's revenue and expenditure outlook. For ex-
ample, Strong growth of the 45 to 64 age group gen-
erally benefits tax revenues since this is the age cat-
egory that routinely earns the highest wages and sala-
ries. likewise, the growth in the young adult popu-
lation affects college enrollments, while that for the
0-to-4 and 5-to-17 age groups drives K-12 enroll-
ment groWth over the forecast period.
13
Chapter 3
The revenues that finance California's state Gen-
eral Fund budget corne from a number of different
sources. including various taxes, fees, licenses. earningS
on investments, loan repayments. and transfers from
other funds. Of these, taxes are by far the most signifi-
cant, typically accounting for over 90 percent of all rev-
enues. This chapter summarizes our projections for
General Fund revenues over the forecast period,
RECENT REVENUE
DEVELOPMENTS
California's revenue outlook has deteriorated
substantially since the 2001-02 budget was enacted
last summer. The budget had already assumed that
revenues in 2001-02 would fall by about 3.7 percent
from last year's level, reflecting a slowdown in eco-
nomic activity, and a decline in stock options and
capital gains. Since the time of the budget's enact-
ment, however, the economy and stock market have
deteriorated more sharply than anticipated, and state
revenue receipts have consequently fallen well short
of earlier expectations.
Cash Shortfall Already
Exceeds $1 Billion
Total cash receipts between May and September
were down about $1 billion from the 2001-02 Bud-
get Act forecast. reflecting across-the-board softness
In all major revenue sources. What is particularly
disturbing is that most of the weakness so far has
been related to economic activity prior to Septem-
ber 11. and thus, does not reflect the full effects of
the slowdown in sales and income that occurred fol-
lowing the terrorist attack,s.
A key indicator of the revenue slowdown is the
slide In personal income tax (PIT) withholding. The
month-to-month perfolTllance of revenue.s from this
source is a very significant indicator of emerging fis-
cal trends, since the PIT is the state's largest revenue
source and monthly PIT receipts reflect current
trends in jobs, wages, and stock-option income. As
shown in Figure I (see page 16), year-over-year
growth in this key indicator was running above
20 percent during the peak of California's economic
boom In early 2000, but had slid to a minus 6 per-
cent as of the third quarter of this year. Other state
tax receipts-including sales taxes as well as quar-
terly income tax prepayments from individuals and
corporations-also have exhibited a similar adverse
pattern-booming in 2000 but sharply weakening
throughout 2001.
THE LAO'S REVISED
FORECAST
Dramatic Deterioration Foreseen
Reflecting the recent extremely negative revenue
Legislative Analyst's Office
)'
California's Fiscal Outlook
developments and our projec.1ed downturn for tile
state's economy. our updated forecast foresees a dra-
matic revenue deterioration in the near term. More-
over, although revenues will begin recovering once
the economic recovery starts. we do not expect rev-
enues to climb back to their 2000-01 level until 2003-
04. Our revenue forecast, presented
in Figure 2, is as foHows:
PIT receipts, as well as more-moderate de-
clines from the sales and use tax (SOT) and
bank and corporation tax (BCT).
. Budget}éar and Beyond. We forecast that
General Fund revenues will partially re-
. Prior }éar. Revenues in
2000-01 totaled $77.7 bil-
lion, about $318 million
below the budget act fore-
cast. This shortfall reflected
revenue losses from each of
the state's m1!Jor taxes in
Mayandlune.
.
Current }éar. Revenues are
projected to total $68.3 bil-
lion in 2001-02, a 12 per-
cent decline from the prior
year. This amount is
$6.8 bil1ion below the
2001-02 Budget Act esti-
mate, reflecting a dramatic
$5.5 billion downward re-
vision to the outlook for
16
Legisiative Analyst's Office
California's Fiscal Outlook
bound from this year's very depressL>d level
in 2002-03, with receipts increasing to
$74.6 billion in the budget year. Over the longer
term, we project that continued economic
growth will boost receipts by roughly 10 per-
cent In 2003-04, and by an average of rouglùy
7.5 percent In the subsequent three years,
Revenue-Related Legislation
Our forecast reflects the fiscal effects of revenue-
related measures that were enacted both in conjunc-
tion with the 2001-02 budget and during the sum-
mer. These measures included an agriCtùttIraI and
rural tax assistance tax package that exempted from
the SUT purchases of farm and forestry equipment,
diesel fuel used in farming and food processing, and
certain purchases of liquefied petroleum gas. Taken
together, tht'.se t'xemptions will reduce General Fund
revenues by approximately $40 million annually
beginning in 2001-02. Our estimates also incorpo-
rate the fiscal effects of legislation signed following
adoption of the budget. These measures include
SB 17xx, which provides a credit for the installation
of solar systems for the production of electricity. The
measure will reduœ combined PIT and BCT rev-
enues by $20 million In 2001-02 and $35 mUlion in
2002-03. As discussed below, our forecast assumes
that the one-quarter cent SUT trigger reduction will
be in effect for 2001, but not thereafter.
INDIVIDUAL REVENUE
SOURCES
Personal Income Taxes
After steadily increasing from $l6.3 billion in
1994-95 to $44.8 billion in 2000-01. we estimate that
PIT revenues will decline to $36.7 billion in
2001-02-a drop of over 18 percent. This current-
year decline is, by far, the steepest in the past three
decades. We expect that PIT revenues will partially
rebound to $41.7 billion in 2002-
03. Over the longer term, we
project that PIT receipts wUl in-
crease at an average annual rate of
9.3 percent from 2003-04 through
2006-07, reaching $59.5 billion by
the end of the forecast period.
Key Forecast Factors
The single largest factor behind
the drop In PIT receipts in the cur-
rent year Is the dramatic decline In
capital gains and stock options. As
shown in Figure 3, income related to
thesesourcessoaredfrom$25 billion
In 1994 to over $200 billion In 2000.
At their peak, these sources ac-
counted for over $17 billion In PIT
revenues In 2000-01, which was over
22 percent of total General Fund rev-
enues during that year.
Legislative Analyst's Office
11
California's Fiscal Outlook
Based on recent stock market and revenue trends,
however, it appears that capital gains and stock op-
tionshave plummeted in 2001. We are CUTrentIyas-
suming that the decline will be about 60 percent this
year, with revenues attributable to these sources
dropping to about $7 bi11ion in 2001-02.
Why the Sharp DecJ1ne?The sharp drop in stock
options and capital gains is related to the general
drop in stock market valuations over the past year,
and in particular, the dramatic drop in share values
of California's high-tech companies (which have
ac.counted for the majority of stock-option income
18
LegJsiative Analyst's Office
California's Fiscal Outlook
both 2002 and 2003. Even with these increases. how-
ever, revenues from gains and options are expected
to remain well below their 2000-01 peak through
the forecast period,
in recent years). As shown in Figure 4. the stock
prices of some of the largest of these companies cur-
rently are down by over 75 percent from their early
2000 pp.aks, and in many cases, options granted In
recent years are "under water." This means that their
current value is less than when they were granted,
and thus, there Is currently no income associated
with them to tax.
Sales and Use Taxes
Following an Increase of 11.5 percent in
1999-00, General Fund revenues from this source
remained flat in 2000-01 and
are expected to decline
slightly In 2001-02. We
project that revenues will re-
bound by 9.2 percent In
2002-03, increasing to
$23.1 billion during the year.
Over the longer term, we
project that sales tax receipts
will increase at an average
animal rate of 6.8 percent
from 2003-04 to 2006-07,
reaching $30.1 billion by the
final year of the forecast,
A second factor behind the decline Is that a larger-
than-normal proportion of stocks were sold in 2000,
as investors and employees attempted to "lock in"
gains that had accrued in previous years. This in-
creased taxable income associated with capital gains
and stock options in 2000, but also reduced dollar-
for-dollar the amount of "stored up" gains poten-
tial1y available for realization in 2001 and beyond.
Outlook for 2002 and Beyond
One of the key factors affecting the state's long-
term revenue outlook Is what the strength and tim-
ing of the recovery in stock market-related income
will be. We forecast that stock priœ.s will partially
rebound beginning in 2002. leading to projected
15 percent increases in capital gains and options in
Key Forecast Factors
Both policy- and eco-
nomics-related factors are
involved in our SUT projections through 2006-07.
Policy-Related Factors. Three key factors are in-
volved here:
. Collections in 2000-01 were reduced due to
a diversion to a special transportation fund
of $500 million in SUT receipts from gaso-
line sales.
. Revenues in both 2000-01 and 2001-02 are
affected by the one-quarter cent "trigger"
reduction in the SUT rate that occurred for
calendar year 2001. This reduction lowered
revenues by about $500 million in 2000-01
and $600 million in 2001-02.
Legislative Analyst's Office
19
California's FiscaJ Outlook
. Finally, as noted earlier, SUT receipts in
2001-02 and beyond will be reduced by
roughly $40 million annually due to passage
of the rural tax relief package in co11Junc-
tion with the 2001-02 budget
Economic Factors. Both consumer and business
spending have been soft since the beginning of 2001.
This reflects several factors, including the general
economic slowdown, sharp declines in business
spending on capital goods, the loss of stock market-
related wealth and income, and the adverse effects of
higher rents and energy Prices on household budgets.
Due to these factors, total taxable sales growth
slowed from 10.9 percent In 2000, to a marginal
1.5 percent during the first half of 2001. Recent
monthly data suggest that the softness continued in
the third quarter of the year, Partly due to the nega-
tive effects of the September 11 telTorists attacks on
consumer and business spending.
Outlook for 2002 and
BeYond
LOOking ahead, We project that
taxable sales will continue to slide
in the fourth quarter, before stabi-
liZing in early 2002, and then turn-
ing upward beginning next spring.
On an average annual basis, we
forecast that taxable sales will de-
cline by 2 percent in 2001, before
rebounding by 3.9 percent in 2002
and 7.9 percent in 2003. Over the
longer term, we project that taxable
sales wil1 Increase slightly more
slowly than state personal income,
averaging 6.5 perœntannuallyover
the final three years of the forecast
period. Sales and use tax revenues
wil1 follow this general patt~rp.
20 -
,,'
Bank and CorpOration Taxes
We estimate that BCT revenues will fall sharply
from $6.4 billion ih 2000-01 to $5.2 billion in
2001-02, before Partly rebounding to $5.9 billion in
2002-03. Over the longer term, we project that rev-
enues from this source wil1 increase at an average
annual rate of 8.4 percent from 2003-04 through
2006-07, reaching $8.1 billion by the end of the fore-
cast period.
Key Forecast Factors
The Current economic doWnturn is having a dra-
matic adverse impact on corporate profits. Based on
BCT prepayments through September, we estimate
that California taxable profits are down by over
18 percent in 2001 relative to theprioryear (see Fig-
ore 5). COmpany earnings reports suggest that prof-
its throughout the nation are being squeezed by idle
capacity, sluggish sales in both'in the U.S. and abroad,
falling Product prices, heavy debt loads, and high
Costs for employee hl)alth care. The slump in infor-
- Legisiative Analyst's Office
California's Fiscal Outlook
mation technology (IT) -related spending is having
a particularly negative effect on California's economy
and profits. This Is because, as noted previously, Cali-
fornia accounts for roughly 20 percent of the
nation's IT industry.
Looking beyond 2001. we expect that corporate
profits will slowly recover beginning next year, ac-
celerate in 2003, and continue to expand at a moder-
ate pace through the balance of the forecæ.'t period.
Other Revenues and Transfers
We forecast that revenues and transfers from the
General Fund's remaining sources of Income will be
about $5.3 billion In the current year, or roughly the
same level as In 2000-01. We then expect receipts
from these sources to fall to about $3.9 billion in
2002-03. and remain in the range of from $3.5 bil-
lion to $3.8 billion in the subsequent four years.
.n
Key Forecast Factors
Current-year revenues in the . other" category are
being affected by a variety of offsetting factors, in-
cluding the diversion of tobacco settlement receipts
to special funds, and an Increase In one-time trans-
fers-amlnus $16 million in 2000-01 to over $1 bil-
lion this year. Similarly, the revenue decline between
the current year and the budget year Is related to the
assumed reduction In one-time transfers to
$100 million. Over the balance of the forecast pe-
riod, we assume that reVenues from most nonmajor
tax sources will increase at a moderate rate. The one
key exception inVolves the estate tax. Revenues from
this source will decline from $1.1 billion in the cur-
rent year to near zero by 2005-06, due to federal law
changes enacted last spring that will result In the phase-
out of California's estate tax over the next four years.
21
Legislative Analyst's Office
Chapter 4
Expenditure Pro j ec ti 0 ns
In this chapter, we discu~ our General Fund t'J(-
pendlture projections for 2001-02 through 2006-07.
We first look at general budget trends during the
forec.ast period. We then discuss In more detail our
expenditure projections for each of the major pro-
gram areas.
corrections. The remainder is for state Operations,
debt service, various local SUbventions (Including
the vehicle 1ieense fee [VLFj backfill), and other
purposes.
GENERAL FUND
BUDGET TRENDS
Spending Trends Over the
Forecast Period '
Total General Fund Spending. Figure 2 (see next
page) presents our General Fund spending fore-
Distribution of
General Fund
Spending
Figure 1 shows how General
Fund spending is distributed
among major programs in
2001-02. Education programs
dominate state spending, account-
ng for just less than half of Gen-
eral Fund spending. Of this total,
37 percent is for K-12 PrOPOSition
98 funding and II percent Is for
higher education (Including com-
munity coJleges' PrOposition 98
funding). Just Over one-fourth of
the budget is for health and social
servir.es and about 6 percent Is for
Legislative Analyst's Office
California's Fiscal Outlook
cast by major program area through 2006-07. Total
spending is estimated to decline from $80.1 billion in
2000-01 to $78.7 billion in 2001-02. This decline is the
first year-aver-year expenditure reduction since 1993-
94. Over the entire period, General Fund expenditures
are forecast to increase at an"á.verage annual rate of
4.7 percent, increasing to $105 billion by 2006-07.
ProjectIons by Program Area. The overall 4, 7 per-
cent average annual Increase in state spending re-
flects moderating growth in most program areas. As
indicated In Figure 2:
. K-12 Proposition 98. General Fund spend-
Ing is projected to increase at an average
annual rate of 5.1 percent between 2000-<11
and 2006-07. In the current year, General
Fund spending grows 5.7 percent, reflecting
full funding for inflation and enrollment
growth as well as targeted Increases for low-
performing schools, expanded child care, a
24
legislative Analyst's Office
Califo/TIia's Fiscal Outlook
settlement of the special education lawsuit,
and before/after school Programs. General
Fund spending in 2002-03 is Projected to
grow less than 3 percent, due to the impact
of the sloWing economy on the overall guar-
antee. For the remainder of the forecast pe-
riod, K-12 General Fund spending grows
more slowly than the overall budget, reflect-
ing sloWing K-12 school enrollments.
. Higher Education (CommUnity Coileges!
California State University ICSU1/Univer-
sity of California IUC]). COmmunity Col-
lege ProPOSition 98 General Fund Spending
increases at an average rate of 4.2 percent
annualJy between 2000-01 and 2006-07,
which should provide adequate funding to
COver inflation and enrolJment growth. Cali-
fornia State University and UC spending are
prOjected to Increase annUally over the fore-
cast period by 5.8 percent and 5 percent, re-
spectively. These'fucreases are consistent
with projected growth in enrolJments and
inflation during the period.
. Medi-Cal Benefits. These are Projected to in-
crease at an average annual rate of 7.4 per-
cent. The main factors affecting growth in
this program are an assumed 6 percent av-
erage annual Increase in medical costs and a
reduction in the federal matching rate for
Medi-Cal benefits. Also Contributing to the
growth are expenditures associated with
projected Increases In case10ads of loW-in-
come families and chUdren, due to simpli-
fied administrative Procedures and expan-
sion of e1igibUity rules adopted in recent years.
. California Ubrk OpPOrtunity and Respon-
sibility to Kids (CàIWORJ(s). Spending is
Projected to Incre<¡se only 1 percent over the
forecast period. This is due to the assump-
Legislative Analyst's Office
tion that ~enditures will stay at the mini-
mum funding level required by the federal
government through 2006-07. Caseloads are
Projected to increase in the current year and
budget year due to the recession, but par-
tially retreat In Subsequent years.
. Supplemental Security blCOme/State SuPple-
mentary Program (SSI/SSP). Spending is
projected to Increase at an average annual
rate of 7 percent. This reflects the impacts
of case10ad growth and statutory Cost -of-liv-
ing adjustments (COLAs) Over the forecast
period.
. In-Home SUpportive Services (IHSS).
Spending is projected to increase at an aver-
age annual rate of 16 percent over the fore-
cast period. The increase is related to recent
legislation authorizing wage Increases for
certain IHSS Workers, as well as COntirilled
growth ih ~se10ads and In the hours olSer-
vice proVided to recipients.
. Other M;ÿor Health and Social Services Pro-
crams. Spending for these programs, which
include the Department of Developmental
Services (DDS) and the Healthy Families
Program, are Projected to Increase at an av-
erage annual rate of9.9 J>ercent over the fore-
cast period. General Fund spending for the
Healthy Families Program will initially de-
cline because of funding shifts and then in-
crease significantly because of ~se10ad in-
creases. The DDS forecast projects 10 per-
cent annual growth from 2001-02 through
2006-07. This growth is due to Increases In
caseload and service utilization In the PI'OgrdrlJ.
. DePartment ofCorrectJol1S. Spending is fore-
cast to grow at an avel"dge annual rate hf 4
25
California's Fiscal Outlook
percent. This growth reflects an initial de-
crease in inmate population followed by
moderate growth in subsequent years. This
reflects the effect of proposition 36, which
is expected to result in the redirection of a
significant number of inmates into drug
treatment programs inStead of prisons.
. Vehicle License Fee. Subventions to backfill
local revenue losses associated with the VLF
tax reduction are vrojected to increase
3.4 percent over thê'forecast period. This
growth is due to projected increases in vehicle
sales and vehicle prices through 2006-07,
. Debt Service. These costs are projected to in-
crease an average of 5.1 percent per yr.ar. Our
estimates assume that the $10 billion in cur-
rently authorized but unissued general ob-
ligation debt is sold over the next three years.
.
Other Programs/Costs. These costs are pro-
jected to remain virtually unchanged over
the forecast period. This is mainly due to the
large amount of one-time expenditures that
were included in the 2000-01 budget "for
transportation and other programs. This
category also includes contributions to pub-
lic employees' and teachers' retirement sys-
tems. and state operations. which are pro-
jected to increase at ¡¡,moderate rate over the
forecast period.
PROPOSITION 98-
K-14 EDUCATION
State spending for K-14 education (K-12 schools
and community colleges) is determined largely by
Proposition 98, passed by the voters in 1988. Propo-
sition 98 sets the minimum amount that the state
must provide for California's public K -12 education
system and the California Community Colleges
(CCC). About 80 percent of operations funding for
these school programs is from the state General Fund
and local property taxes. pursuant to proposition 98.
Public K-12 education is provided to about 6 mil-
lion students-ranging from infants to adults-
through over 1,000 locally governed school districts
and county offices of education. The CCC provide
instruction to about 1.6 million adults at 107 col-
leges operated by 72 loc.aUy governed districts.
The Spending Forecast. We estimate that annual
growth in total Proposition 98 spending (General
Fund and local property taxes) for K-14 education
wul average over 5 percent for the 2001-02 through
2006-07 period. This is lower than the 7.8 percent
increase in 2000-01 and the projected increase of
5.9 percent for the current year. Proposition 98
spending in these tWo years reflects appropriations
above the minimum guarantee ($415 milUon in
2000-01 and nearly $4 billion in the current year).
Our forecast reflects our moderate revenue forecast
and future spending at the minimum guarantee level.
It also includes a slowing rate of growth in K-12 av-
erage daily attendance (ADA), a principal factor in
setting the minimum guarantee level.
We estimate that PropOSition 98 will require the
Legislature to allocate approximately $1.5 billion. or
3.2 percent, more td'.Proposltion 98 programs In
2002-03 than in 2001-02. Since we estimate that al-
most $1 billion of additional property tax revenue
will be allocated to school and community college
districts in 2002-03, the General Fund increase would
be $500 million (a 1.6 percent increase).
Given the uncertainty surrounding the economy
and per capita personal income in the coming year.
however, the increase in the Proposition 98 guaran-
tee in the budget year could easily range betWeen
$500 million and $2 billion. Assuming the same
- legislative Analyst's Office
26 -
California's Fiscal Outlook
growth in local property tax revenues, the required
appropriations from the General Fund in 2002-03
could range from a decrease of $500 million from
the current-year General Fund appropriations to an
increase of $1 billion.
"Freed-Up" Proposition 98 Funds. Within the
amounts that we have forecast for Proposition 98 is
a total of $600 million that will be available for real-
location to other K-14 education purposes on an
ongoing basis beginning in 2002-03. This amount
includes $350 million that is currently allocated to
a loan repayment relating to the CTA v. CouJdlaw-
suit. Another $250 million will become available due
to the sunset of the Schiff-Bustamante Instructional
Materials Program (Chapter 312. Statutes of 1998
[AB 2041. Bustamante]).
This $600 ml1lion of freed up funds represents
an additional potential resource for meeting enroll-
mentgrowth and COLA needs of existing K-I4 edu-
cation programs. We estimate that these enrollrr¡.ent
growth and COLA needs will total about $1.5 bil-
lion in 2002-03. Our p.stimate of growth in the total
Proposition 98 guarantee ($1.5 bl1lion) would just
meet these needs. However. If growth In the mini-
mum guarantee level for 2002-03 falls in the low
range of our estimates ($500 million) then even the
availability of the $600 million of freed up funds
would not permit the Legislature to fully meet en-
rollment growth and COLA needs within the Propo-
sition 98 guarantee.
Key Forecast Factors. General Fund expenditures
for Proposition 98 depend on the following factors:
statepopuJation. K-I2 ADA. per capita personal In-
come, per capita Genem1 Fund revenues. and local
property taxes. Figure 3 summarizes our assump-
tions for these factors and the annual changes in the
guarantee which result.
Legislative Analyst's Office
K-12 Funding Projections.
We projectthat K-12 Proposi-
tion 98 funding after 2002-03
wl1l increase by an average of
5.7 percent per year over the
forecast period. Figure 4 (see
page 28) displays our pro-
jected K-12 per-pupil spend-
Ing from 2001-02 through
2006-07 (in both "current"
and inflation-adjusted dol-
lars). These estimates, which
are derived from our Proposi-
tion 98 forecast. reflect real
(that Is. Inflation adjusted)
per-pupil increases averaging
1.6 percent each year from
2001-02 through 2006-07.
These additional resources-
averaging over $800 million
each year after 2002-d~-
27
California's Fiscal Outlook
would permit expansion of exist-
ing programs and/or funding for
some new programs.
Slowing K-12 Enrollment
Growth. K-12 ADA is projected to
increase by just over 1 percent in
2002-03, bringing total K-12 ADA
to over 5.8 million students. As FIg-
ure 5 shows. over the next seven
years the rate of K-I2 enrollment
growth is expected to slow, then
actually turn negative by 2008,09.
This period of slow growth and
eventual enrollment decline will
ease somewhat the fiscal challenges
the Legislature faces in meeting
overall state needs.
Community College Funding
Projections. Based on our Propo-
sition 98 projections, we estimate
total CCC funding would increase
by about 5 percent per year over
the forecast period. (This assumes
no change in the proportion of
Proposition 98 funds going to the
CCC.) These increases would cover
inflation and projected enrollment
growth, with only a small amount
available for new programs or pro-
gram augmentations.
UC AND CSU
In addition to community col-
leges, the state's public higher edu-
cation system includes the UC and
the CSu. The UC consists of eight
general campuses, one health sci-
ence campus, numerous special
28
Legislative Anaiyst's Office
California's Fiscal Outlook
research facilities, and a planned tenth campus in
Merced. The DC awards bachelor's, master's. and
doctoral degrees, as well as various professional de-
grees. The UC has primary jurisdiction over research,
The CSU consists of 22 campuses, several off-cam-
pus centers, and a planned campus at Camarillo. The
CSU grants bachelor's and master's degrees and may
award doctoral degrees jointly with DC or a private
university.
The Spending Forecast. We estimate that spend-
ing for DC and CSD (excluding funding for capital
outlay and debt service) will increase from $5.8 bil-
lion in 2001-02 to $6 billion in 2002-03, or by 2.4 per-
cent. By 2006-07, we estimate that spending for DC
and CSD will increase to $7.5 billion, reflecting an-
nual increases of about 5.4 percent.
Key Forecast Factors. For 2002-03 and subsequent
fiscal years, we assume that UC and CSU will re-
ceive "base" budget increases equivalent to the
growth in inflation and enrollment~. Over the fore-
cast period, inflation is projected to average about
3.1 percent annually. With regard to enrollment
growth, CSU's will vary between 2.6 percent and
3.1 percent over the perlo'd. with DC's growth be-
ing somewhat less each year.
In his "partnership" withCSU and DC. the Gov-
emor committed to annual General Fund base ad-
justments of 5 percent plus funding for enro11ment
growth. The Legislature has not endorsed such au-
tomatic funding increases. In fact, it is unclear what
exactly the partnership means at this time. as the
Governor proposed a 2 percent base intTease (rather
than 5 percent) in his May Revision of the 2001-02
budget. Our projections for the CSD and DC bud-
gets are somewhat lower than would occur under
the partnership,
Gal Grant Increases. Chapter 403. Statutes of
2000 (SB 1644, Ortiz). made Cal Grant awards an
entitlement for every qualified graduating high
Legislative Analyst's Office
scl1ool senior. There is much uncertainty as to the
fiscal impact of the new entitlement program. This
is because it is unclear how students and their fami-
lies will respond to the change.s in Cal Grant poli-
cies. Based on information from the Student Aid
Commission, however, we project that Cal Grant
expenditures could approach $1 billion by 2006-07.
HEALTH AND
SOCIAL SERVICES
Medi-Cal
The Medl-Cal Program (the federal Medicaid
program in California) provides health care services
to recipients of CalWORKs or SSI/SSP grants, and
other low-income persons who meet the program's
eligibility criteria (primarily families with children
and the elderly. blind. or disabled). The state and
federal governments share most of the program costs
on a roughly equal basis.
The Spending Forecast. We estimate that the Gen-
eral Fund spending for Medl-Cal benefits (exclud-
ing administrative costs) will be nearly $9 billion in
200l-02. essentially the same amount appropriated
in the budget act. We project that by the end of the
forecast period in 2006-07. General Fund spending
for Medi-Cal benefits will reach $13 billion, an av-
erage annual increase of 8 percent over the projec-
tion period.
Key Forecast Factors. Three factors playa signifi-
cant role in our forecast:
. Medi-Cal Enrollment Trends. As shown in
Figure 6 (see next page), the caseload oflow-
income families and children who do not re-
ceive cash assistance will continue to grow
in 2002-03 as eligibility expansion and sim-
plification changes enacted in 2000-01 are
29
California's Fiscal Outlook
fully implemented, After full implementa-
tion, we anticipate that this group will grow
commensurate with increases in the state's
population. Our forecast also assumes that
the economic recession will result in a mod-
est further increase in the families and
children's caseloads,
. Reductions in the Federal Matching Rate.
The federal Medicaid matching rate is based
on a state's per-capita income relative to the
nation, as determined by census data from
the most recently available three calendar
years. Because California's economy was P.s-
peclally strong from 1997 through 1999, the
state's federal matching rate will likely be
reduced by 1.4 percent In 2002, and result
in an estimated loss in federal funding of
$200 million in fISCal year 2002-03. General
Fund spending will have to grow to offset
this loss of federal money.
. Health Care Costs. Our
forecast assumes that the
average cost of health care
services per Medi-Cal en-
rollee will decrease by
about 5 percent in the cur-
rent year. This is because
families and children being
added to the case1oad have
relatively lower health care
costs than other persons
eligible for Medi-Cal ben-
efits, such as low-intôme
elderly or disabled persons.
Our forecast assumes that
this decline in cost per eli-
gible will end and that the
cost of most health care
services provided to Medi-
Cal enrollees will increase
30
at an annual rate of 6 percent from 2002-03
through 2006-07, consistent with past
trends. Our projected health care costs are
subject to considerable uncertainty and
small changes in the rate of growth could
have significant fiscal effects.
Healthy Families Program
The Healthy Families Program implements the
federal State Children's Health Insurance Program,
enacted in 1997. Funding generally is on a two-to-
one federa1/state matching basis. The program of-
fers health insurance to eligible children in families
with income below 250 percent of the federal pov-
erty level. Families pay a relatively low monthly pre-
mium and are offered coverage similar to that avail:
able to state employees.
The Secretary for the California Health and Hu-
man Servicp.s Agency has submitted a waiver request
to federal authorities to expand Healthy Families
Legislative Anaiyst's Office
California's Fiscal Outlook
coverage to eligible parents of children enrolled in
the Medi-Cal and Healthy F ami1les Programs. At the
tirne these projections were prepared, California's
waiver request was pending with federal authorities.
The way the state pays for its share of the cost of the
Healthy Families Program hils changed recently. Pre-
viously all state costs were " borne by the General
Fund. This year, however, the costs of the proposed
expansion of coverage to parent~, as well as recent
expansions of coverage to certain groups of children,
have been shifted to a new special fund, the Tobacco
Settlement Fund (TSF), which we discuss later in this
section. The cost of coverage for most children con-
tinues to be funded from the General Fund.
The Spending Forecast. We estimate that overall
state spending for the Healthy Families Program will
p.xceed $200 million in 2001-02, about $37 million
less than the amount of state funds appropriated for
the program in the budget act. We further estimate
that overaI1 state spending for the program will in-
crease 90 percent during 2002-03 to about $384 mil-
lion, and that by 2006-07 the program will have an
annual state cost of more than $650 million.
As we noted earlier, pait of the state cost dis-
cussed above will be supported from the TSF and
part from the General Fund. We estimate that Gen-
eral Fund support for Healthy Families will be
$134 million in 2001-02, or $24 million less than
appropriated in the 2000-01 Budget Act. We estimate
that General Fund spending for the program will
increase 30 percent in 2002-03 to $174 million, and
that by 2006-07 the program will have an annual
General Fund cost of about $227 million.
&y Forecast Factors. General Fund spending is
expected to decrease in 2001-02 compared to the
previous fJS('.a1 year because some program costs that
were previously supported by the Geneml Fund were
shifted to the TSF. Subsequent increases in General
Fund spending are primarily the result of medical
inflation and demographic factors. Our projection
Legislative Analyst's Office
assumes that program enrollment will peak at
80 percent and 88 percent, respectively, for eligible
children and adults in 2002-03.
Our projections assume that the enrollment of
parents in the program, which has been delayed be-
yond the October 2001 date assumed in the budget.
will actually commence in April 2002. Phasing-in of
the parent caseload accounts for a significant part
of the projected 90 percent increase in state expen-
ditures for the Healthy Families Program in
2002-03. Future enrollment growth and demo-
graphic factors are expeGted to incl'E'.ase the cost of
coverage for parents so that it accounts for almost
half the cost of the Healthy Families Program by
2006-07.
Tobacco Settlement Fund
The 2001-02 budget pllm established a new spe-
cial fund, the TSF, which is made up of revenup.s re-
ceived by the state from the settlement of tobacco-
related litigation. State law specifies that about
$402 million be deposited in the TSF in 2001-02 for
various health care programs, with the remainder
(approximately $73 million) deposited in the Gen-
eral Fund. In 2002-03 and subsequent years all settle-
ment payments are to be deposited in the TSF<for
various appropriations for health programs.
Our projections indicate that as much as $56 mil-
lion of the money allocated to the TSF for the
2001-02 fiscal year will probably go unspent, pri-
marily because the planned expatThion of the Healthy
Families coverage for parents is occurring more
slowly than anticipated. Assuming these unspent
funds were carried over into the next fiscal year, it
appears that a sufficient amount of money-about
$500 milIion-would be available to support the
programs now funded from the TSF in 2002-03.
However. our projections further indicate that the
combined cost of these programs would begin to
substantially exceed the amount of funding avail-
31
California's Fiscal Outlook
able from the TSF in 2003-04. By 2006-07, the cost
of these programs could exceed the amount avail-
able from the TSF by more than $380 million, with
these costs being borne by the General Fund,
CalWORKs
In response to federal welfare reform legislation,
the Legislature created the CalWORKs program In
1997. This program, which replaced the Aid to Fami-
lies with Dependent Children program, provides
r.ash grants and welfare-to-work serviœs to families
with children whose Incomes are not adequate to
meet their basic needs.
The Spending Forecast, General Fund spending
In 200l-02 for the CalWORKs program Is estimated
to be $2 billion. an increase of 5 percent over the
prior year. In 2002-03, spending is projected to in-
crease by 2.5 percent, to $2.1 billion, Through the
remainder of the forecast period, spending Is pro-
jected to remain essentially stable, decreasing I per-
cent by 2006-07.
Key Forecast Factors. Our CalWORKs spending
projection is primarily based on assumptions about
the federal maintenance-of-effort (MOE) require-
ment and the Temporary Assistance for Needy Fami-
lies (TANF) block grant reauthorization. OtIr spend-
ing forecast assumes that the TANF block grant will
be reauthorized at Its current $3,7 billion annual level
for California, resulting in essentlally stable total
program funding throughout the forecast period.
In order to receive the TANF block grant, Call-
fornJamust meet a $2,7 billion annual MOErequire-
ment, approximately $2 billioIJ.of which is satisfied
with spending on the CalWORKs program. The re-
maining $700 million is spent on other MOE-eli-
gible programs. Since CalWORKs was enacted, the
Legislature has taken steps to maintain General Fund
spending at the MOE floor. Our spending projec-
tion assumes this practice will continue.
32
The combination of statutory COLAs and pro-
jected caseload Increases (discussed below) will re-
sult in greater cost pressures in the CalWORKs pro-
gram during tbe projection period. These pressures,
wil1 be partially offset by some savings due to adult
recipients reaching their statutory five-year time
limit on cash assistance. Given that grants are en-
titlements and that child care has essentially been
treated as such, these cost pJ'P-ssures may result in
potential underfunding of employment services
compared to current levels. This shortfall would be
compounded once the federal Welfare-to-Work
funds, which have been a separate source of
CalWORKs employment services funding, have been
fully expended. most likely by the end of 2002-03.
Counties may use. their performanœ inœntNe
funds to address the potential employment services
shortfall. As of july, counties had spent approxi-
mately l3 perœnt of the $1.1 bil1ion in awarded in-
centives. Thus, depending on what service level
counties elect to provide, as well as the extent to
which they have already obligated their performance
Incentives, in aggregatecountlE'-s could maintain the
present level of employment services in the budget
year and perhaps Into later years. This may not be
the case in certain counties that have already ex-
pended substantial sums of their incentive funds.
Caseload Trends and ProjectIons. Following a
rapid increase in the early 19905, the caseload peaked
at 921,000 in 1994-95, and then declined by 42 per-
cent through 2000-01. The budget act forecast as-
sumed an end to the decline in 2001-02, with mod-
est caseload growth beginning midyear. We believe
caseloads will be higher-than-budgeted due to the
recent economic downturn, increasing by 3 percerii
in 2001-02. and by "4 percent in 2002-03. Following
an economic recovery, we project a 2 percent
caseload decline in 2003-04. We then project the
caseload to remain essentially stable through
2006-07, as shown in Figure 7. Our projections are
Legislative Anaiyst's Office
California's Fiscal Outlook
based on a trend analysis of caseloads, birth rates,
grant levels, and unemploy,nlent rates, and our best
judgment about the impact of a mild recession on
single parent cases.
Key Forecast Factors. The two main components
of projected cost increases in SSIJSSP are (1) caseload
growth and (2) providing the statutory COLA. As
discussed below, the caseload is expected to increase
at an average annual rate of about
2.2 percent during the forecast pe-
riod, In 2002-03, spending Is pro-
jected to Increase by about
$250 mUlion, This Increase is pri-
marily due to the statutory COLA
($175mUlion) andcaseloadgrowth
($63 million). From 2003-04
through 2006-07, these factors to-
gether will result in annual spend-
ing increases of about $200 mil-
lion.
SSI/SSP
The SSIISSP provides cash assistance to eligible,
aged, blind, and disabled persons. The SSI compo-
nent is federally funded and the SSP component Is
state funded.
The Spending Forecast. General Fund spending
for the SSP is projected to be about $2.9 billion In
2001-02, an increase of 11 percent over the prior year.
For 2002-03, we project an increase of 8.9 percent,
raising total expendItures to $3.1 billion. We project
that from 2003-04 through'the end of the forecast
period, spending for the ~P will increase by an av-
erage of 5.6 percent per year, eventually reaching a
total of $3.9 billion.
Legislative Analyst's Office
Caseload Trends and Projec-
tions. During the late 1980s and
early 1990s the caseload grew rap-
idly. with most of the growth in the
disabled component of ;:the
caseload. In the mld-to-late 1990s,
the caseload leveled off and actu-
ally declined In 1997-98, in part
because of federal policy changes
which restricted eligibility. Since
March 1998, the caseload has been growing. In the
future, we expect the aged component of the
caseload to mirror the growth of the overall popu-
lation over age 65. For the disabled, we anticipate
caseload growth will be similar to the past year. In
total, we project that caseload growth will be about
2.2 percent each year
In-Home Supportive Services
The IHSS program provides various services to
eligible aged, blind, and disabled persons who are
unable to remain safely in their own homp.s without
sucl1 assistance.
The Spending Þórecast. General Fund spenJ.mg
for IHSS is projected to be $915 million in 2001-02,
33
California's Fiscal Outlook
an increase of 26 percent over the prior year. For
2002-03, we project that costs will increase by an
additional 16 percent. This rate of spending growth
is expected to continue for the next two fiscal years
then fall to about 12 percent in the final two years
of our forecast, resulting in total expenditures of
$1.8 billion in 2006-07.
Key Forecast Factors. Our forecast assumes that
costs will increase 7 percent each year due to caseload
growth and increases in the hours of service pro-
vided to recipients. Further, recent legislation autho-
rizing state participation in h~álth benefits and wage
increases for certain IHSS workers will increase costs
by about an additional 7 percent each year through
2004-05.
JUDICIARY AND
CRIMINAL JUSTICE
The major state judiciary and criminal justice
programs include support for four departments in
the executive branch-the California Department
of Corrections (CDC), Department of the Youth
Authority, the Department of Justice. and the Office
of Criminal Justice Planning-as well as expendi-
tures for local trial courts and state appellate courts.
The largest expenditure program-the CDC-is dis-
cussed in more detail below.
California DepartmeJ;lt of
Corrections ' ,
The CDC is responsible for the incarceration,
training, education, and care of adult felons and
nonfelon narcotics addicts at 33 state prisons. The
CDC also supervises and provides services to parol-
ees released to the community.
The Spending Forecast. General Fund support for
CDC is forecast to grow by about $157 million from
34
2000-01 to 2002-03, reaclúng about $4.4 billion at
the end of that period. Expenditures for CDC are
forecast at about $5,4 billion by 2006-07. (This includes
adjustments for employee compensation increases. but
does not include General Fund support for capital out-
lay and debt service, which are accounted for elsewhere
in our projections.)
The projected growth in adult correctional ex-
penditures continues a trend of steadily increasing
CDC budgets that has existed since the early 1980s.
However, in a change from past growth trends, the
CDC budget now appears likely to grow significantly
more slowly. Under our new projections, the CDè
budget would grow at an average annual rate of
about 4 percent through 2006-07, compared with
substantially higher prior annual growth rates that
sometimr.s exceeded 10 percent. Throughout the
projection period, the CDC General Fund support
budget is forecast to be about 5 percent of total Gen-
eral Fund expenditures.
The department's General Fund costs will be
partially offset by $158 million in annual reimburse-
ments from the federal government for a portion of
the state's costs of housing undocumented immi-
grants convicted of felonies in California. We assume
that Congress will continue to provide the federal
fiscal year 2002 level in the future.
&y Forecast Factors. The projected increasr.s in
General Fund support for CDC reflect the contin-
ued growth in the prison inmate population that ~
expected during the forecast period. The inmate
population is projected to exceed 164,000 by June
2007. That represents an incrr.ase of about 8,200 In-
mates, or about 1 percent, over the six-year projec-
tion period. A.s Figure 8 shows, the inmate popula-
tion will decrease by 4.100 by the end of 2001-02,
which is the largest population decrease since
1991-92. The inmate population will continue to
stabilize at this lower level through 2002-03. Begin-
ning in 2003-04, the population will increase at an
Legislative Analyst's Office
California's Fiscal Outlook
average annual rate of about 2 percent, reaching a
slightly higher level than the 2000-01 population by
June 2001,
The projected 200 l-02 population decrease is due
primarily to Proposition 3'6-the Substance Abuse
and Crime Prevention Act-which went into effect
on July l, 2001. This law requires that persons con-
victed of nonviolent drug possession offenses be
placed on probation and receive drug treatment,
mther than be incarcemted in state prison. Similarly,
the measure will redirect parole violators who com-
mit nonviolent drug possession offensp.s into treat-
ment mther than returning them to prison. This ini-
tiative is expected to reduce the prison population
by about 1,100 inmates by 2006-01.
The projected 2 percent annual increase in the
population, beginning in 2003-04, is due primarily
to existing inmates serving longer sentences and new
inmates being sentenced under two voter-approved
initiatives. Specifically, the "Three Strikes and You're
Out" law, enacted in 1994 in Proposition 184, is ex-
pected to increase the population because ofth~~ig-
niftcantly longer prison sentences imposed upon
offenders with prior serious felony offenses. In ad-
dition, Proposition 21 -the Gang Violence and Ju-
venile Crime Prevention Act-which was passed by
the voters on March 1, 2000, Is expected to increase
the population by expanding the definition of seri-
ous or violent offenses, potentially resulting in more
"strikes" and increasing penalties under the Three
Strikes law. Currently, about 57,000 inmates have
been sentenced under these laws. During the projec-
tion period, the increases attributable to the sentenc-
ing laws are projected to fully offset the decrease re-
sulting from the Implementation of Proposition 36.
Legislative Analyst's Office
The projected increase in the
CDC General Fund support bud-
get also reflects increases in prison
health care expenditures. Increases
in the overall cost of providing
hèalth care have caused health 'ëare
expenditures to increase at a higher
rate than other prison support
costs. In addition, during the last
decade, class action lawsuits
brought by inmates against the
state have resulted in settlement
agreements mandating major prison
health care reforms that have in-
creased health care expenditures.
35
California's Fiscal Outlook
OTHER PROGRAMS
Vehicle License Fee Backfill
The VLF is an annual fee on the ownership of
registered vehicles in California. It is levied in place
of taxing vehicles as personal property, and the rev-
enue.s are distributed to citle.s and counties. The Leg-
Islature reduced the fee-which was set at 2 percent
of the depreciated value of a vehicle-by 25 percent
in calendar year 1999, 35 percent In 2000, and
67,5 percent in 2001 and thereafter. Under the pro-
36
visions of these reductions, cities and counties con-
tinue to receive the same amount of revenues as
under prior law, with the reduced VLF amounts re-
placed by General Fund spending. In the current
year, local governments will receive about $3.5 bil-
lion from the General Fund backfill. Of this amOtmt,
$1.2 billion was appropriated in the prior year. For
2002-03, General Fund expenditures for the backfill
will total $3.8 billion. We project that expenditures
will grow to $4.8 billion by 2006-07, primarily due
to increases in new car sales and car prices.
Legislative Anaiyst's Office
~I~
-f!-
Council Agenda Statement
0lY OF
CHUIA VISTA
Item No /5
Meeting Date: Tuesday, December 11,2001
ITEM TITLE:
Resolution authorizing the acceptance of a $1
million grant from the California Energy Commission (CEC) for a
Hydrogen Fuel Cell Bus Demonstration Project in Chula Vista and
at SunLine Transit Agency ("Sun Line"), approving implementing
agreements with the CEC and Sun Line to implement the grant and
appropriating funds therefor.
Special Operations Manager and I\I}J\¡
Environmental Resource Manager Ö
City Manager 6Q/::
(4/5ths Vote Yes _X- No -)
SUBMITTED BY:
REVIEWED BY:
BACKGROUND:
The Hydrogen Fuel Cell Bus Demonstration Project (Project) is one of 20 Measures
identified in the CO2 Reduction Plan (CO2 Plan) that will contribute to reducing CO2
emissions from stationary or transportation sources. The City Council adopted the CO2
Plan on November 14, 2000 under Resolution 2000-428.
In 1994, the Chula Vista City Council directed staff to pursue funding to develop the
Project. Subsequently staff developed a Project with the following goals:
. To showcase a zero emission transit bus using hydrogen fuel cell technology,
. To demonstrate the viability of a hydroGen fuel cell bus in a real-world transit
application, and
. To demonstrate the inteGration of a hydroGen fuel cell vehicle in a multi-fueled city
vehicle fleet by "reforming" compressed natural gas to hydrogen.
Working with the California Energy Commission ("CEC") the legislature awarded a
$500,000 grant to the City of Chula Vista ("Chula Vista") to implement the Project with
seed funding from the Petroleum Violation Escrow Account (PVEA) in 1996. Between
1996 and 1999 Chula Vista explored multiple options to implement the Project. In late
1999 CEC, Chula Vista and SunLine developed a multi-phase project approach that
incorporates Chula Vista's stated project goals.
Phase I involves manufacturing a portable natural gas-hydrogen reformer fueling
system (Portable Reformer) with a capacity to fuel up to four (4) fuel cell buses that will
be tested at SunLine and demonstrated in Chula Vista as part of Phase II. Phase I will
also work to address SunLine's infrastructure needs to test the Portable Reformer and
1
/5-/
advance their site hydrogen storage and dispensing capabilities for future fuel cell
passenger vehicle demonstration projects.
In early 2001, the U.S. Department of Energy (DOE) awarded an additional $500,000 in
funding for the project to the CEC on behalf of Chula Vista and SunLine for a total of
$1,000,000 in grant funds to fund Phase I. Chula Vista has committed $3,290 in
matching funds to manage and implement the project and SunLine has committed
$58,600 in matching funds for project implementation. The combined funding for Phase
I of the Project is $1,061,890.
Phase II will use the Portable Reformer developed from Phase I to demonstrate a fuel
cell bus at SunLine and at Chula Vista for at least six (6) months at each location. Upon
securing additional funding, Chula Vista Transit will demonstrate a hydrogen fuel cell
bus in Phase II.
RECOMMENDATION:
The Council adopts a resolution authorizing the acceptance of a $1 million grant from
the CEC for a Hydrogen Fuel Cell Bus Demonstration Project in Chula Vista and at
SunLine, appropriating implementing agreements with the CEC and SunLine to
implement the grant and appropriating funds therefor.
BOARD AND COMMISION RECOMMENDATION:
Since inception of the CO2 Plan, the Economic Development Commission, the
Resource Conservation Commission, the Growth Management Oversight Commission,
the Planning Commission and City Council have reviewed the CO2 Plan. All
Boards/Commissions voiced support for the CO2 Plan with a caveat from the Economic
Development Commission to ensure that the CO2 Plan would "not reduce the City's
competitive position in terms of recruiting, retaining and growing local business."
DISCUSSION:
Fuel Cell Bus Demonstration Project Benefits
The multi-phase project approach developed by Chula Vista and Sun Line will be the
first in the United States to demonstrate a natural gas-hydrogen reformer and a new
generation fuel cell bus in a transit application. Data gathered and lessons from this
project will be of value to Chula Vista and assist other stakeholders to advance fuel
cell bus technology and application.
Chula Vista's participation in this project can also lead to other potential benefits for
the City. With support from the CEC and Sun Line, this project may lead Chula Vista
towards membership in the California Fuel Partnership that would enhance the City's
ability to pursue funding for Phase II. The Project provides a pilot study to analyze
our long-term commitment to mobile fuel cells and provide additional data to develop
the technology before we make a commitment.
2
/.s--coZ
How A Fuel Cell Works
Hydrogen from a fuel tank and oxygen (Oz) from an air compressor produce
electricity to power a motor. Hz electrons (e) are separated out by an electrode and
channeled through a circuit to produce electricity. Hz protons (H+) are then pulled
through a membrane. After the electricity is created, the electrons rejoin the protons
and oxygen. The hydrogen and oxygen mix in the fuel cell and produce water vapor
as a byproduct. Operating a bus equipped with a fuel cell engine using hydrogen as
a fuel source will result in a zero emission environmentally friendly transit bus.
City Council Direction To Pursue A Fuel Cell Bus Demonstration Project -1994
In 1994, the Chula Vista City Council directed staff to pursue funding to develop a
Fuel Cell Bus Demonstration Project. Subsequently staff developed a project with
the following goals:
. To showcase a zero emission transit bus using hydrogen fuel cell technology,
. To demonstrate the viability of a hydrogen fuel cell bus in a real-world transit
application, and
. To demonstrate the integration of a hydrogen fuel cell vehicle in a multi-fueled
city vehicle fleet by "reforming" compressed natural gas to hydrogen.
Petroleum Violation Escrow Account - 1995
Working with the CEC, in the mid 1990s the legislature awarded a $500,000 grant
from the PVEA to Chula Vista to implement a fuel cell bus demonstration project.
Between 1994 and 1999 Chula Vista explored various project scenarios, teaming
options with fuel cell bus manufacturers and additional funding sources to implement
the project goals. A viable project did not emerge.
Chula Vista And SunLine Partnership - June 1999
Because the cost to implement projects considered exceeded the grant from CEC
and Chula Vista's commitments, CEC and DOE proposed a partnership between
Chula Vista and SunLine. SunLine is a world-leader in using and developing
alternative fuel sources. In June 1999, Chula Vista and SunLine formalized the
partnership in a Memorandum of Understanding 1 (MOU). The City Council adopted
the MOU on June 29,1999 under Resolution 19513. The partnership developed a
multi-phase project that incorporates Chula Vista's stated project goals and will
advance SunLine's Fuel Cell Program.
Multi-Phase Project Approach
The multi-phase project has two (2) phases. Phase I involves manufacturing a
portable natural gas-hydrogen reformer fueling system (Portable Reformer) with a
capacity to fuel up to four (4) fuel cell buses that would be tested at SunLine. Phase
I will also work to advance SunLine's infrastructure needs to test the Portable
Reformer and advance their hydrogen storage and dispensing capabilities for future
fuel cell passenger vehicle demonstrations. Phase II will use the Portable Reformer
1 The term of the MOU between the City and Sun Line ended in December 1999.
3
/5-3
developed from Phase I to conduct demonstrations at Chula Vista and SunLine for
at least six (6) months at each location.
DOE Award Of $500,000 To CEC $500,000 For Phase I - Feb 2000
In February 2000, on behalf of Chula Vista and Sun Line, CEC submitted a $500,000
funding request to DOE for the multi-phase project using the $500,000 PVEA grant
with in-kind contributions from Chula Vista of $3,290 and additional $58,600 in-kind
contributions from SunLine as matching funds. Due to the partnership, in February
2001, the DOE awarded $500,000 in additional grant funds for the Project to the
CEC on behalf of Chula Vista and SunLine.
CEC $1,000,000 Grant To The Chula Vista and SunLine For Phase I-Apri12001
On April 19, 2001, CEC presented a $1,000,000 grant agreement ("CEC
Agreement") to the Chula Vista with SunLine as a sub-grantee to execute the project
(Attachment A). The CEC Agreement has a term period of January 15, 2001 to
December 31, 2006. Phase I has a revised final completion date of December 31,
2002 and Phase II has a final completion date of December 31,2006. $500,000 of
the grant funds has a liquidation date of March 31, 2002. CEC advised Staff to
submit a request for an advance of $500,000 of the grant funds from the CEC upon
approval from Council to enter into the CEC Agreement to satisfy the liquidation
date. The balance of the grant funds will be disbursed based on a reimbursement
basis.
Total funding for the Project including in-kind contributions is $1,061,890. Current
funding is only sufficient to cover Phase I tasks. After review of the CEC Agreement,
City Staff requested clarification of the Chula Vista's obligations under the Special
Conditions of the CEC Agreement. The CEC clarified that Chula Vista "is only
obligated to complete funded portions of the project" (Attachment B). Because
current funding will only be sufficient to fund Phase I, additional funding will be
required to implement Phase II in Chula Vista. As an Associate Member of the
California Fuel Cell partnership2, SunLine has secured funding commitments to
implement Phase II demonstrations at SunLine.
Chula VistalSunLine Agreement To Implement Phase I - Current
The Chula Vista/SunLine Agreement (SunLine Agreement) meet CEC Agreement
requirements and provide detail of specific responsibilities, tasks, deliverables and
schedule for Chula Vista and SunLine for Phase I (Attachment C). A detailed City
Implementation Plan is included as Exhibit B of the Sun Line Agreement. Chula
Vista will retain $65,800 of the CEC Agreement to complete required Phase I tasks
assigned to Chula Vista. The Sun Line Agreement will be for an amount not to
exceed $934,200 of the CEC Agreement to complete required Phase I tasks
assigned to Sun Line. The SunLine Agreement will accomplish the following
objectives:
2 The California Fuel Cell Partnership is a partnership between government and private industry to
promote and facilitate fuel cell demonstration projects and commercialization in California.
4
/5-1'
. Defines a Scope of Work and lays out an Implementation Plan to execute the
grant agreement.
. Identifies and assigns responsibility for Phase I tasks.
. Provides a working budget and schedule for Phase I tasks.
Additional Contractor Support For Phase I - Current
In addition to the Sun Line Agreement, Chula Vista anticipates entering into separate
agreements with other contractors to complete the balance of Phase I tasks. These
tasks will include securing support from outside contractors for transition plan
development (CEC Task 1), compilation and documentation of related training
material (CEC Task 5) and for engineering analytical/technical/reporting services
(CEC Task 6 series). These combined contracts will be for an amount not to exceed
$39,625.
Phase /I Overview - Future
As stated above, Phase II will use the Portable Reformer developed from Phase I to
conduct a fuel cell bus demonstration at SunLine and Chura Vista for at least six (6)
months at each location. Specifically, Phase II will facilitate the following:
. Implement required infrastructure upgrades at Chula Vista's new Public Works
Facility (Corp. Yard) to accept the Portable Reformer and support operation of at
least one (1) fuel cell bus.
. Joint procurement of a new hydrogen fuel cell bus with SunLine.
. Develop and implement any required driver and mechanic training for operation
and maintenance of the fuel cell bus.
. Operate and maintain at least one (1) fuel cell bus for a period of at least six (6)
months at Chula Vista.
Excluding costs for the required infrastructure upgrades and based on CEC budget
projections for a fuel cell bus demonstration, staff estimates that Chula Vista will
need an additional $250,000 in outside funding to implement Phase II for a period of
at least six (6) months in Chula Vista. A Transition Plan will be developed under
Phase I that will identify and provide more exact costs for the required infrastructure
upgrades. Additionally, expanding the demonstration period beyond six (6) months
will require $24,000/mo of additional funding to operate and maintain a fuel cell bus.
Chula Vista, CEC and SunLine Commitment and Support For Phase /I
Chula Vista budgeted up to $45,000 in fiscal year 2001/2002 in the in Transportation
Development Funds for outside support to secure additional funding. The CEC and
SunLine have both committed to supporting Chula Vista's efforts to become a
member of the California Fuel Cell Partnership and both have committed to assisting
Chula Vista secure additional funding to implement Phase II. Once additional
funding is secured, staff will return to Council with a detailed work plan and to seek
approval from Council to implement Phase II.
FISCAL IMPACT:
5
/5:"
The grant will provide $1,000,000 to implement the Project. If approved, $1,000,000 will
be appropriated for this year's budget (Attachment D). In addition, Chula Vista has
committed $3,290 in in-kind services as matching funds to manage and implement the
project for Phase I tasks. The in-kind services will be in staff time. The CEC
Agreement provides $10,000 to offset staff efforts and $16,175 to offset travel expenses
to support the project. Chula Vista Transit has also budgeted up to $45,000 in
Transportation Development Funds to support acquisition of additional funding for
Phase II. There is no additional anticipated impact to the general fund. Phase II will be
presented to Council for approval once outside funding becomes available. Staff will
return to Council with further information as to how Phase II implementation will be
programmed.
ATTACHMENTS:
A. CEC Agreement.
B. CEC Clarification Letter Of Special Conditions.
C. Sun Line Agreement.
D. Line Item Budget for Project
6
/5- i>
Attachment A
CEC Grant Agreement
IS?
~ CALI'FOA>ÍíA
CALIFORNIA ENERGY COMMISSION
GRANT AGREEMENT
,,;c,.._,"',
This agreement is official notification of a grant award from the California Energy Commission. The attachments listed below are
incoroorated as Dart of this man! ameement.
";c,,,""
City of Chula Vista
MEM-98S-029
276 Fourth Avenue, Chura Vista, CA 91910
~Q~O^"ON",,"
1/15/01-3/31/02
""""""CT"",^OER
California Energy Commission, McKinley Addy
1/15/01-12/31/06
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1516 9th St.-MS-41 , Sacramento, CA 95814
(916) 657-0833
'=<""SC»>'M' '
Hydrogen reformer and fueling infrastructure technology development and demonstration project for
hydrogen fuel cell buses.
(a) SEC 1 (E)(3) City of Chula Vista for Hydrogen Fuel Cell Demo.
(b) SA IT 3360-001-0890(C) Development
CEC: $ 1,000,000.00
/'(;i"PVEA
(b) FED
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s
61,890.00
I"W(;.) 98/99
I'c'","o>""~ru"
(a) AS1671 Stripper Well Plan #34
(b) 00 SEP Special Project - Hydrogen Fuel Cell (DE-FG51-00R021190)
CALIFORNIA ENERGY COMMISSION RECIPIENT
.O~T""O'D",""O~."'C><" "" ""'"""ZEO>O~ru" om
"~ ,~"' ,~, ,~"'
Mark Hutchison 654-6718
m""",",, mu;
1. Terms and Conditions
2, Work Sla!ement 00"""'°""'00""""°""'" 0'"
3, Budget
4, Resolution
5, Assurances-Non-Construction Programs """ ,~"'
6, Assurances of Compliance
7, Certifications
8, Intellectual Property Provisions mu,
9, Special Conditions
10, OMB Circular(s)
GLl6,,"O
/6-';;
GRANT NOT SUBJECT TO DGS APPROVP.l
nrn UTAnur" nn"n., --....noo-
Attachment B
CEC Clarification Letter of Special Conditions
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in" TE Of CAIJfOANII\ - TIll ßESOURCES I\GINCV
CALIFORNIA ENERGY COMMISSION
15'6NINTIISTRIET
SI\CIWIENTO. CA *'_'2
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""""""""_0-
8
May 31, 2001
Mr. Willie Gaters
Environmental Program Manager
CityofChula Vista
276 Fourth Ave
Chula Vista, CA 91910
Dear Willie:
This letter clari1ies the Special Conditions in Grant Agreement number MEM-97S-040 regarding
fundine the project to Demonstrate Hydrogen Fucl Cell Bus and Infiastructure at Chuta Vista and
Sunline Transit Agency.
The City of Chula Vista is only obligated to complete the funded portions ohlle project. To
obtain the full value of the demonstration, we encourage Chula Vista md Sunline Transit Agency
to work to obtain additional funding to satisfy anyprojcct budget shortfall.
If you have questions, please contact me.
Cc.
Energy Commission Legal Office
Grants & Loans Office
77J : \tJ L U € <ñ 4I(f91.¡
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Attachment C
SunLine Agreement
Agreement between
City of Chula Vista
and
Sun Line Transit Agency and SunLine Services Group
for
Project Management Services for Hydrogen Reformer and
Fueling Infrastructure Technology Development and Demonstration
This agreement ("Agreement"), is entered into effective December 11, 2001
("effective date") between City of Chula Vista ("City") and Sun Line Transit Agency and
SunLine Services Group (collectively, "SunLine") with reference to the following facts:
Recitals
Whereas, City has entered into a Grant Agreement ("Grant Agreement") with the
California Energy Commission (CEC) for a hydrogen reformer and fueling infrastructure
technology development and demonstration project for hydrogen fuel cell buses (the
"Project"), with a maximum funding of One Million and No/100 Dollars ($1,000,000),
Whereas, as a sub-grantee of the CEC grant, SunLine will provide project
management services 1) to coordinate manufacturing, testing and delivery of a portable
natural gas-hydrogen reformer fueling system (Portable Reformer) to City, 2) to install
infrastructure upgrades at SunLine which supports testing of the Portable Reformer, and
3) to advance hydrogen storage and dispensing capabilities at SunLine for future fuel
cell passenger vehicle demonstrations,
Whereas, City and Sun Line desire to enter into this Agreement to set forth the
terms and conditions for the implementation of the Project,
Whereas, SunLine has agreed to comply will all requirements applicable to sub-
grantees in the Grant Agreement, attached hereto as Exhibit A and City Implementation
Plan attached hereto as Exhibit B,
Whereas, SunLine warrants and represents that they are experienced and
staffed in a manner such that they are and can prepare and deliver the services
required of SunLine to City within the time frames herein provided all in accordance with
the terms and conditions of this Agreement;
(End of Recitals. Next Page starts Obligatory Provisions.)
Draft CV-SunLine Agreement - 120501WMG
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Page 1
/5-/~
Obligatory Provisions Pages
NOW, THEREFORE, BE IT RESOLVED that City and Sun Line do hereby
mutually agree as follows:
1.0
General Agreement
A.
Definition of Project Terms
1. "Portable Reformer" shall mean a portable natural gas-hydrogen reformer
fueling system with the capacity to fuel up to four (4) fuel cell buses and
capable of reforming and dispensing hydrogen at a range between 3,600
pounds per square inch (psi) and up to 5,000 psi.
2. "Infrastructure Upgrades" shall mean facility upgrades required at SunLine to
test the Portable Reformer prior to delivery to City.
3. "Enhanced SunLine Fueling System" shall mean enhancements required for
SunLine to conduct future fuel cell passenger vehicle demonstrations
including a high-pressure compressor, high-pressure storage tanks, cascade
system and dispensing unit at a range between 3,600 psi and up to 5,000 psi.
B.
Project Scope and (Responsible Party)
1. The Project is comprised of four (4) basic components in order of priority as
follows:
a. Manufacturing, testing and delivery to City of the Portable Reformer
(SunLine).
b. Installation of Infrastructure Upgrades at SunLine to support testing
of the Portable Reformer at Sun Line (SunLine).
c. Transition Plan that provides for site preparation and installation of
Portable Reformer (City).
d. Development of Enhanced Sun Line Fueling System. This Project
component will only be developed to the extent of available funds
(SunLine).
2. Project Effective Date, Schedule and Completion:
a. Date for commencement of Sun Line Defined Services and City
Defined Services shall be December 11, 2001.
Draft CV-SunLine Agreement - 120501WMG
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Page 2
/5"-13
C.
b. Dates or Time Limits for Delivery of Deliverables shall be the same
as schedule in City Implementation Plan.
c. Date for completion of all SunLine Defined Services and City Defined
Services is December 31, 2006.
Sun Line Defined Services
SunLine shall perform all of the services described below within the time frames
set forth therein. The work, schedule and deliverables required in the Sun Line
Defined Services and City Implementation Plan shall be herein referred to as the
"SunLine Defined Services."
4.
1.
Sun Line shall be responsible for 1) Manufacturing, testing and delivery to
City of the Portable Reformer, 2) Installation of Infrastructure Upgrades at
SunLine to support testing of the Portable Reformer at SunLine, and 3)
Development of Enhanced Sun Line Fueling System. This Project
component will only be developed to the extent of available funds
(SunLine).
2.
SunLine shall complete the SunLine Defined Services under this
Agreement for an amount not to exceed $934,200 of the grant funds. This
amount may be increased based on availability of additional funding from
CEC or unexpended grant funds from City.
i. At the time of the kick-off meeting for this project, SunLine shall
present a budget allocating anticipated costs for tasks and
acquisition of equipment covered by this Agreement and the
above Project priorities. SunLine shall prioritize expenditures that
reflect the priorities under the Project Scope. The parties
acknowledge that the kick-off budget may deviate from the
allocations set forth in City Implementation Plan. SunLine shall
be entitled to request CEC approval of a re-allocation of the
budget based upon the anticipated budget at the time of the kick-
off meeting. In the event that the CEC, City and Sun Line can not
agree on a revised budget either party shall be entitled, in their
sole discretion, to terminate this Agreement and shall not be
further obligated hereunder. In the event of a termination, City
and the CEC shall be entitled to proceed with the Project without
SunLine's further participation.
3.
SunLine shall receive title to the Infrastructure Upgrades and the
equipment for the Enhanced SunLine Fueling System and be solely
responsible for their operation and maintenance.
Sun Line shall perform all SunLine Defined Services in accordance with
terms and conditions of the Grant Agreement.
Draft CV-SunLine Agreement - 120501WMG
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Page 3
15 -11./
D.
5.
In performing and delivering said SunLine Defined Services, SunLine shall
perform all of the services, within the time frames and deliver to City such
deliverables as are identified in Exhibit A and Exhibit B.
6.
Sun Line shall issue Purchase Orders for procurement of equipment and
services for installation, as provided under this Agreement. SunLine shall
procure equipment and services in accordance with the federal and state
guidelines required under the terms and conditions of the Grant
Agreement that are applicable to a sub-grantee. Procurements shall be
structured to the extent feasible to provide payment to vendors only upon
performance and delivery to Sun Line and City's satisfaction. In the event
a vendor requires advance payment, in no event shall an advance exceed
50% of the total equipment cost.
7.
SunLine shall assist City in obtaining grant funding for specification,
procurement and operation of a hydrogen fuel cell bus at City and SunLine
as provided below:
a. Sun Line shall provide a new statement of work, budget and schedule
to City and cooperate in the implementation of the Project in the event
City receives additional funding to continue this project beyond the
tasks that have been funded under the terms of this Agreement.
i. In the event that City does not acquire additional funding to
continue the Project, SunLine shall have right of first refusal to the
Portable Reformer.
b. SunLine shall support City's application to join the California Fuel Cell
Partnership.
c. Sun Line shall provide City a fuel cell bus equipped with a Ballard P5
engine or other fuel cell propulsion system, subject to the approval of
the CEC project manager, for a minimum six (6) months demonstration
in City.
City Defined Services
City shall perform all of the services described below and in the City
Implementation Plan, within the time frames set forth therein. The work, schedule
and deliverables required herein and in the City Implementation Plan shall be
herein referred to as the "City Defined Services."
1.
City shall be responsible for administering the Grant Agreement
overseeing development of Portable Reformer, Transition Plan, Training
Manuals and Reporting.
Draft CV-SunLine Agreement - 120501WMG
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Page 4
ft;-I$
2.
City shall complete City Defined Services under this agreement for an
amount not to exceed $68,500 of the grant funds. This amount may be
increased based on availability of additional funding from CEC or
unexpended grant funds from Sun Line.
3.
City shall assist SunLine with the evaluation of responses to Requests for
Proposal and choosing vendors. SunLine will choose vendors to support
SunLine Defined Services.
4.
City shall make all necessary arrangements with the CEC for payment of
invoices to City and SunLine when ordering equipment.
a. Subject to availability of CEC funding, City shall provide payment for
Project equipment.
5.
City shall attempt to obtain additional grant funding for specification,
procurement and operation of a hydrogen fuel cell bus at City and shall
cooperate with Sun Line in the implementation and continuation of this
Project.
6.
City shall receive title to the Portable Reformer and be solely responsible
for its operation and maintenance.
E. Reductions in Scope of Work
City may independently, or upon request from SunLine, from time to time reduce
the SunLine Defined Services to be performed by SunLine under this Agreement.
Upon doing so, City and Sun Line agree to meet in good faith and confer for the
purpose of negotiating a corresponding reduction in the compensation associated
with said reduction.
F. Standard of Care
SunLine, shall exercise the standard of professional care applied to implementing
unique research, development and demonstration project related to fuel cell reformer
and fuel cell bus technology.
G. Insurance
SunLine is self insured through the joint powers insurance pool of the Public Entity
Risk Management Authority for general liability in the amount of $20,000,000.
Sun Line also maintains workers' compensation insurance covering all SunLine
employees. Throughout the term of this Agreement, at SunLine's sole cost and
expense, SunLine shall keep or cause to be kept in force, such insurance
coverages. SunLine shall obtain certificates of insurance naming City as an
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/5 -l~
additional insured under such policies, within thirty (30) days of the execution of this
Agreement. SunLine shall give City no less than fifteen (15) days notice of
cancellation of any insurance coverage required by this Agreement.
2.0
General Duties of City and SunLine
A.
Consultation and Cooperation
Each party shall perform responsibilities identified under the scope of work in a
timely manner. Both parties shall regularly consult for the purpose of reviewing the
progress of their respective Defined Services therein contained, and to provide
direction and guidance to achieve the objectives of this agreement. Each party
shall permit access to its office facilities, files and records throughout the term of
the agreement. In addition thereto, each party agrees to provide the information,
data, items and materials with in their respective scope of work with the further
understanding that delay in the provision of these materials beyond 30 days after
authorization to proceed, shall constitute a basis for the justifiable delay in the each
party's performance of this agreement.
B.
Distribution of Grant Proceeds
1. Grant proceeds shall be distributed in accordance with the requirements of
the Grant Agreement and per the allocations set forth in Exhibit B, as such
allocation may be modified by City and SunLine in the project budget process.
No compensation or reimbursement shall be due for any services performed
or cost incurred by either party hereunder except to the extent of available
Grant Proceeds and specific allocation in the agreed upon project budget.
2. All billings submitted by SunLine for reimbursement or payment shall contain
sufficient information as to the propriety of the billing to permit City to evaluate
that the amount due and payable thereunder is proper, and shall specifically
contain City's account number to be charged upon making such payment.
3. Invoicing Language
a. Invoices for services and equipment covered by this Agreement shall
be processed and paid as provided under this section. After internal
approval, SunLine shall fax the invoice and the accompanying
progress report in the format required by the CEC Grant Management
Manual to City: Attention Willie M. Gaters Fax Number (619) 409-
5884.
i. On the same day, Sun Line shall send the same information by
federal express or other overnight delivery services addressed
as follows:
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Attention: Willie M. Gaters
City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 91910
b. City shall fully review the invoice and progress report within 2 business
days of receipt and advise SunLine of any deficiencies or issues with
the invoice or its supporting documentation within that time period.
SunLine shall provide such requested additional information or support
for the invoice and progress report as soon as practicable to City
unless SunLine disputes the need for such information.
i. In the event of a dispute between each party as to the sufficiency
of an invoice and supporting documentation, City shall forward all
material provided by SunLine to the CEC for further processing
and for CEC's review as to sufficiency of the required
documentation. In the event that the CEC determines that
additional support or information is required to process the
invoice, SunLine shall promptly provide such support to both City
and the CEC.
c. All invoices, accompanying progress reports and any other required
information shall be forwarded by City to the CEC within 2 business days
of City's receipt from SunLine by federal express or other ovemight
delivery services addressed as follows:
C/O McKinley Addy
Attention: Accounting Office
California Energy Commission
1516 9th Street, MS-1
Sacramento, CA 95814
d. All payments by City for invoices submitted by Sun Line less any agreed
retention amount, shall be made within 5 working days of City's receipt of
payment from the CEC. Payments shall be by voucher, electronic
payment or check payable to and mailed first-class to:
SunLine Transit Agency
Attn: Sheila Gill, Contracts Manager
32 505 Harry Oliver Trail
Thousand Palms, California 92276
e. Sun Line shall have the right to terminate its services and those of any
vendor, upon 15 days written notice, in the event that any payment is
late. In such event, City or the CEC shall be obligated to pay any late
charge or other fee to the vendor incurred by SunLine for late payment.
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3.0
Administration of Contract
Each party designates the following individuals ("Contract Administrators") indicated
below, as said party's contract administrator who is authorized by said party to
represent them in the routine administration of this agreement.
City of Chula Vista
Willie M. Gaters, Environmental Resource Manager
276 Fourth Avenue
Chula Vista, CA 91910
Sheila Gill, Contracts Manager
SunLine Transit Agency
32 505 Harry Oliver Trail
Thousand Palms, California 92276
4.0
Term.
This Agreement shall terminate when the parties have complied with all executory
provisions hereof, but by no later than December 31, 2006.
5.0
Financial Interests of SunLine
A. Sun Line is designated as an FPPC Filer.
SunLine is a political subdivision of the State of California and is required to
comply with the Political Reform Act, (Government Code sections 81000~. ~.)
and other statutory and common law of this state which requires, among other
things, that Sun Line's Board Members and key employees file financial
disclosure forms and refrain from conduct that constitutes a conflict of interest
under the law. SunLine has complied, and shall continue to comply with such
laws in the performance of its duties under this Agreement. Upon request of
City, SunLine shall provide City with all financial disclosure forms maintained by
Sun Line.
6.0
Hold Harmless
A. City hereby agrees to indemnify, defend, and save harmless Sun Line, its
officers, agents and employees from any and all claims and losses accruing or
resulting to City and to any and all contractors, subcontractors, material men,
laborers, and any other person, firm, or corporation furnishing or supplying
work, services, materials, or supplies in connection with the performance of this
Agreement, and from any and all claims and losses accruing or resulting to any
person, firm, or corporation who may be injured or damaged by City in the
performance of this Agreement.
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IS' - r:¡
B. SunLine hereby agrees to indemnify, defend, and save harmless City, its
officers, agents and employees from any and all claims and losses accruing or
resulting to SunLine and to any and all contractors, subcontractors,
materialmen, laborers, and any other person, firm, or corporation furnishing or
supplying work, services, materials, or supplies in connection with the
performance of this Agreement, and from any and all claims and losses
accruing or resulting to any person, firm, or corporation who may be injured or
damaged by SunLine in the performance of this Agreement.
7.0
Termination of Agreement for Cause
A. If, through any cause, Sun Line shall fail to fulfill in a timely and proper manner
SunLine's obligations under this Agreement, or if SunLine shall violate any of
the covenants, agreements or stipulations of this Agreement, City shall have
the right to terminate this Agreement by giving written notice to SunLine of such
termination and specifying the effective date thereof at least five (5) days before
the effective date of such termination. In that event, all finished or unfinished
documents, data, studies, surveys, drawings, maps, reports and other materials
prepared by SunLine shall, at the option of City, become the property of City,
and Sun Line shall be entitled to receive just and equitable compensation for
any work satisfactorily completed on such documents and other materials up to
the effective date of Notice of Termination, not to exceed the amounts payable
hereunder.
B. If, through any cause, City shall fail to fulfill in a timely and proper manner City's
obligations under this Agreement, or if City shall violate any of the covenants,
agreements or stipulations of this Agreement, SunLine shall have the right to
terminate this Agreement by giving written notice to City of such termination
and specifying the effective date thereof at least five (5) days before the
effective date of such termination. In that event, all finished or unfinished
documents, data, studies, surveys, drawings, maps, reports and other materials
prepared by City shall, at the option of City, become the property of City, and
City shall be entitled to receive just and equitable compensation for any work
satisfactorily completed on such documents and other materials up to the
effective date of Notice of Termination, not to exceed the amounts payable
hereunder.
C. If, the kick-off budget submitted by SunLine is not approved as provided under
Paragraph 1 (C)(2)(a), either party shall be entitled to terminate this agreement
without any further obligation of any nature whatsoever.
8.0
Errors and Omissions
In the event that City Administrator determines that Sun Line's negligence, errors, or
omissions in the performance of work under this Agreement has resulted in expense to
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/5. ;;'0
City greater than would have resulted if there were no such negligence, errors,
omissions, Sun Line shall reimburse City for any additional expenses incurred by City.
Nothing herein is intended to limit City's rights under other provisions of this Agreement.
9.0
Termination of Agreement for Convenience of City
City may, at its option, terminate this agreement without cause in whole or in part,
upon giving thirty (30) days advance notice in writing to SunLine by certified mail,
return receipt requested. In such event, City agrees to use all reasonable efforts to
mitigate SunLine's expenses and obligations hereunder. Also in such event, City
shall pay SunLine for all satisfactory services rendered and expenses incurred prior
to such notice of termination which could not by reasonable efforts of SunLine have
been avoided, but not in excess of the maximum payable under this agreement.
SunLine hereby expressly waives any and all claims for damages or compensation
arising under this Agreement except as set forth herein.
10.0
Assignability
The services of Sun Line are personal to City, and SunLine shall not assign any interest
in this Agreement, and shall not transfer any interest in the same (whether by
assignment or novation), without prior written consent of City. City hereby consents to
the assignment of the portions of SunLine Defined Services to the subcontractors
identified thereat as "Permitted Subcontractors".
11.0
Ownership, Publication, Reproduction and Use of Material
A. City shall be granted a no-cost, nonexclusive, nontransferrable, irrevocable
worldwide license to use or have practiced for or on behalf of City and the
State of California inventions developed hereunder and patents or patent
applications derived from such inventions. SunLine must obtain agreements
to effectuate this clause with all persons or entities obtaining ownership
interest in the patented subject inventions.
B. SunLine shall be granted a no-cost, nonexclusive, nontransferrable,
irrevocable worldwide license to use or have practiced for or on behalf of
SunLine inventions developed hereunder and patents or patent applications
derived from such inventions. SunLine must obtain agreements to effectuate
this clause with all persons or entities obtaining ownership interest in the
patented subject inventions.
C. City makes no claim to intellectual property that existed prior to this grant
and was developed without City funding. If applicable, SunLine gives notice
that the items listed in the Intellectual Property attachment or exhibit have
been developed without City funding and prior to the start of this grant. This
list represents a brief description of the prior developed intellectual property.
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J 5" 'dl
A detailed description of the intellectual property, as it exists on the effective
date of this grant, may be necessary if City funds are used to further
develop the listed intellectual property. This information shall assist the
parties to make an informed decision regarding intellectual property rights.
D. City shall be granted the no-cost use of the technical data first produced or
specifically used in the performance of this grant.
E. SunLine shall be granted the no-cost use of the technical data first produced
or specifically used in the performance of this grant.
F. City shall be granted a royalty-free nonexclusive irrevocable,
nontransferrable worldwide license to produce, translate, publish, use and
dispose of, and to authorize others to produce, translate, publish, use and
dispose of all copyrightable material first produced or composed in the
performance of this grant.
G. Sun Line shall be granted a royalty-free nonexclusive irrevocable,
nontransferrable worldwide license to produce, translate, publish, use and
dispose of, and to authorize others to produce, translate, publish, use and
dispose of all copyrightable material first produced or composed in the
performance of this grant.
12.0
Independent Contractor
City is interested only in the results obtained and SunLine shall perform as an
independent contractor with sole control of the manner and means of performing the
services required under this Agreement. City maintains the right only to reject or accept
SunLine's work products. Any rejection by City shall be referred to the California Energy
Commission for resolution. SunLine and any of SunLine's agents, employees or
representatives are, for all purposes under this Agreement, an independent contractor
and shall not be deemed to be an employee of City, and none of them shall be entitled
to any benefits to which City employees are entitled including but not limited to,
overtime, retirement benefits, worker's compensation benefits, injury leave or other
leave benefits. Therefore, City shall not withhold state or federal income tax, social
security tax or any other payroll tax, and SunLine shall be solely responsible for the
payment of same and shall hold City harmless with regard thereto.
13.0
Administrative Claims Requirements and Procedures
No suit or arbitration shall be brought arising out of this agreement, against City unless
a claim has first been presented in writing and filed with City and acted upon by City in
accordance with the procedures set forth in Chapter 1.34 of Chula Vista Municipal
Code, as same may from time to time be amended, the provisions of which are
incorporated by this reference as if fully set forth herein, and such policies and
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15'~
procedures used by City in the implementation of same. Disputes not resolved shall be
referred to the CEC for resolution.
Upon request by City, SunLine shall meet and confer in good faith with City for the
. purpose of resolving any dispute over the terms of this Agreement.
14.0
Attorney's Fees
Should a dispute arising out of this Agreement result in litigation, it is agreed that the
prevailing party shall be entitled to a judgment against the other for an amount equal to
reasonable attorney's fees and court costs incurred. The "prevailing party" shall be
deemed to be the party who is awarded substantially the relief sought.
15.0
Statement of Costs
In the event that Sun Line prepares a report or document, or participates in the
preparation of a report or document in performing the Sun Line Defined Services,
Sun Line shall include, or cause the inclusion of, in said report or document, a statement
of the numbers and cost in dollar amounts of all contracts and subcontracts relating to
the preparation of the report or document.
16.0
Miscellaneous
A. Sun Line Not Authorized To Represent City
Unless specifically authorized in writing by City, SunLine shall have no authority
to act as City's agent to bind City to any contractual agreements whatsoever.
B. Notices
All notices, demands or requests provided for or permitted to be given pursuant
to this Agreement must be in writing. All notices, demands and requests to be
sent to any party shall be deemed to have been properly given or served if
personally served or deposited in the United States mail, addressed to such
party, postage prepaid, registered or certified, with return receipt requested, at
the addresses identified herein as the places of business for each of the
designated parties.
C. Entire Agreement
This Agreement, together with any other written document referred to or
contemplated herein, embody the entire Agreement and understanding between
the parties relating to the subject matter hereof. Neither this Agreement nor any
provision hereof may be amended, modified, waived or discharged except by an
instrument in writing executed by the party against which enforcement of such
amendment, waiver or discharge is sought.
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15'~3
D. Capacity of Parties
Each signatory and party hereto hereby warrants and represents to the other
party that it has legal authority and capacity and direction from its principal to
enter into this Agreement, and that all resolutions or other actions have been
taken so as to enable it to enter into this Agreement.
E. Governing LawNenue
This Agreement shall be governed by and construed in accordance with the laws
of the State of California. Any action arising under or relating to this Agreement
shall be brought only in the federal or state courts located in San Diego County,
State of California, and if applicable, City, or as close thereto as possible. Venue
for this Agreement, and performance hereunder, shall be City.
F. Exhibits
Any Exhibits referred to herein are attached hereto and incorporated herein by
reference.
G. Time is of the Essence
Time is of the essence for each and every obligation set forth herein.
[end of page. next page is signature page.]
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/5-d(/
Signature Page
to
Agreement between City of Chula Vista and SunLine Transit Agency and SunLine
Services Group
Project Management Services for Hydrogen Reformer and
Fueling Infrastructure Technology Development and Demonstration
IN WITNESS WHEREOF, as of the Effective Date City and SunLine have
executed this Agreement thereby indicating that they have read and understood same,
and indicate their full and complete consent to its terms:
City of Chula Vista
Attest:
by:
Shirley Horton, Mayor
Susan Bigelow, City Clerk
Approved as to form:
John M. Kaheny, City Attorney
Sun Line Transit Agency
By:
Richard Cromwell III, General Manager, CEO
SunLine Services Group
By:
William L. Clapper, Executive Director
Exhibit List to Agreement
(X)
(X)
Exhibit A.
Exhibit B.
CEC Grant Agreement with City of Chula Vista
City Implementation Plan
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/5'-d5
Exhibit A
CEC Grant Agreement with City of Chula Vista
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Page 15
~
,
~
""J
Exhibit B
City Implementation Plan
This implementation Plan:
. Identifies Project tasks funded by the CEC Grant Agreement.
. Defines a Scope of Work and lays out a City Implementation Plan to execute the Agreement.
. Identifies and assigns responsibility for Project tasks.
. Provides a working budget and schedule for Phase I tasks.
1.6
1.1
1.2
Draft
agreement(s) and
final executed
agreement(s)
Copy of Transition
Plan
1.3
1.4
1.5
1.6
1.7
1.8
1.9
1.10
1.11
Documentation
that natural gas
reformer is
operational and
producing
hydrogen at
Sun Line
Deliverable will be an engineering plan from
an independent contractor that identifies
drop-in requirements and costs for installing
the Portable Reformer at Chula Vista's Corp.
Yard.
Deliverables in order of priority are a:
1) Portable Reformer tested by Sun Line until
delivery to Chula Vista;
2) Infrastructure Upgrades to support
installation and testing of the Portable
Reformer at SunLine;
3) Equipment for "Enhanced Sun Line Fueling
System."
Chula Vista (L)
Sun Line (L)
:840,284 (d.
Equipment)
$40,000 (e.
Supplies)
$50,000 (h.
Construction)
$40,000 (a.lb. SL-
Personnel)
Within available budget, deliverables will also
include the equipment for the Enhanced
Sun Line Fueling System.
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TBD
TBD
To
December 31,
2002.
2.0
IJocumentation
that natural gas
reformer is
operational and
producing
hydrogen at Chula
Vista
Operation,
maintenance, and
cost data for the
hydrogen reformer
system
$18,600 (a.lb. SL-
Personnel)
Deliverable are transportation requirements
from Sunline for delivering the Portable
Reformer to Chula Vista.
Sun line to deliver Portable Reformer on or
before December 2002.
DelÎverable are reports from Sunline fo
Chula Vista that document installation,
operation, maintenance, and cost data for
the Portable Reformer.
Sunline (L)
~ 5.0 n""", m~"". ~T"""" ~ -""'" of '" fChula Vista (L) I $4,000 (I. Other)
for hydrogen documentation by Miramar or Southwestern
production system College related to equipment purchased
~ and fuel cell bus under Phase I including: specifications,
operation and request for proposals, purchase contracts,
~ maintenance operating manuals, installations
specifications and operation, maintenance
and cost data for the Portable Reformer.
6.0 Reports See deliverables below r-see responsible
6.1 Written progress Chula Vista (L) $10,000 (a. CV-
updates Personnel)
6.2 I Project review Deliverable are as follows: written progress Chula Vista (L) $16,175 (c. Travel)
meetings or phone updates, project review meetings or phone
calls calls, for the 5000-psi hydrogen reformer
system, draft copies of presentation!
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January 2002
To
TBD
(Quarterly with
quarterly
administrative
support)
January 2002
To
TBD
TBD
To
December 31,
2006
5'" of each month
On-going as
needed
~
~
6.4
Draft Interim
Report Outline
Chula Vista (L)
$2,625 (f.
Contractual)
TBD
Draft Interim
Report
Chula Vista (L)
$10,000 (f.
Contractual)
TBD
Final Interim
Report
Chula Vista (L)
$5,000 (f.
Contractual)
t1JI61,890
December 31,
2006
PrDJeCffOtai
Notes:
"All deliverables will be provided to CEC unless otherwise title is given to either party under this agreement.
""Budget amounts in Bold Italics derive funding from the CEC grant. Budget amounts in Italics derive funding from Chula Vista and Sun Line in-
kind services.
""*The schedule identifies the start and end date for performing the task. The start date will be the earliest following business day for the month
and the end date will be the last business day for the month.
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Attachment D
Hydrogen Fuel Cell Bus Demonstration Project
CEC Grant #MEM-98S.029
Line Item Budget
Fiscal Year 2001102 Appropriations
ObjectlOrg Key Budget Allocation
285XX/
Personnel Services:
Salary (6001)
Wages (6005)
Pers (6221)
Pars (6222)
Medicare (6231)
Workers Comp (6281)
Personnel Services $10,000
Total
Other Professional Contracts (6301):
Develop Transition Plan $18,000
Develop Training Manuals $4,000
Develop Project Reports $17,625
Other Professional $39,625
Contracts Total
Other Professional Services (6401): $934,200
Project Management Services for Hydrogen Reformer
and Fueling Infrastructure Technology Development
and Demonstration.
Travel (6541): $16,175
Project Total $1,000,000
/s~ .60
RESOLUTION NO. 2001-~
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AUTHORIZING THE ACCEPTANCE OF A $1
MILLION GRANT FROM THE CALIFORNIA ENERGY
COMMISSION (CEC) FOR A HYDROGEN FUEL CELL BUS
DEMONSTRATION PROJECT IN CHULA VISTA AND AT
SUNLINE TRANSIT AGENCY ("SUNLINE"), APPROVING
IMPLEMENTING AGREEMENTS WITH THE CEC AND
SUNLINE TO IMPLEMENT THE GRANT, AND
APPROPRIATING FUNDS THEREFOR
WHEREAS, the Hydrogen Fuel Cell Bus Demonstration Project (Project) is one of20
Measures identified in the CO2 Reduction Plan (CO2 Plan) that will contribute to reducing CO2
emissions from stationary or transportation sources; and
WHEREAS, the City Council adopted the CO2 Plan on November 14, 2000 under
Resolution 2000-428; and
WHEREAS, in 1994, the City Council directed staff to pursue funding to develop the
Project and staff developed a project with the following goals:
. To showcase a zero emission transit bus using hydrogen fuel cell technology,
To demonstrate the viability of a hydrogen fuel cell bus in a real-world transit
application, and
. To demonstrate the integration of a hydrogen fuel cell vehicle in a multi-fueled city
vehicle fleet by "reforming" compressed natural gas to hydrogen.
WHEREAS, working with the California Energy Commission (CEC), the legislature
awarded a $500,000 grant to Chula Vista to implement the Project with seed funding from the
Petroleum Violation Escrow Account (PVEA) in 1996; and
WHEREAS, between 1996 and 1999 Chula Vista explored multiple options to implement
the Project and in late 1999, CEC, Chura Vista and SunLine developed a multi-phase project
approach that incorporates Chura Vista's stated project goals; and
WHEREAS, Phase I involves manufacturing a portable natural gas-hydrogen reformer
fueling system (Portable Refonner) with a capacity to fuel up to four (4) fuel cell buses that will
be tested at SunLine and demonstrated in Chura Vista as part of Phase II; and
WHEREAS, Phase [ will also work to address SunLine's infrastructure needs to test the
Portable Reformer and advance their site hydrogen storage and dispensing capabilities for future
fuel cell passenger vehicle demonstration projects; and
WHEREAS, in early 2001, the U.S. Department of Energy (DOE) awarded an additional
$500,000 in funding for the project to the CEC on behalf ofChula Vista and SunLine for a total
of $1 ,000,000 in grant funds to fund Phase I; and
WHEREAS, Chula Vista has committed $3,290 in matching funds to manage and
implement the project and SunLine has committed $58,600 in matching funds for project
implementation with a combined funding for Phase I of the Project being $1,061,890; and
WHEREAS, Phase II will use the Portable Reformer developed from Phase I to
demonstrate a fuel cell bus at SunLine and at Chula Vista for at least six (6) months at each
location. Upon securing additional funding, Chula Vista Transit will demonstrate a hydrogen
fuel cell bus in Phase II.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista does hereby authorize the acceptance of a $1 million grant from the California Energy
Commission (CEC) for a Hydrogen Fuel Cell Bus Demonstration Project in Chula Vista and at
SunLine Transit Agency (SunLine).
BE IT FURTHER RESOLVED that the City Council does hereby approve the
implementing agreements with the CEC and Sunline to implement the grant on the terms
presented, copies of which shall be kept on file in the office of the City Clerk.
BE IT FURTHER RESOLVED that the Mayor is hereby authorized to execute the
agreements with Sun Line and the CEC, in final forms approved by the City Attorney.
BE IT FURTHER RESOLVED that City staff is authorized and directed to take all other
reasonable and appropriate actions necessary to implement the grant and the agreements.
BE IT FURTHER RESOLVED that the amount of $1 ,000,000 is hereby appropriated for
this year's budget as set forth in Attachment D of the staffreport to be attached hereto as Exhibit
A.
Presented by
Approved as to form by
Michael Meacham
Special Operations Manager
Jal1omeyl,'eso\Sunline Grant
2
/~- 3~
COUNCIL AGENDA STATEMENT
Item /6
Meeting Date 12-11-01
ITEM TITLE:
Report on Request for Technical Proposals (RFTP) and Price Bids for
Operation ofChula Vista Transit (CVT) and maintenance ofCVT Bus
Fleet
Director of Public Works !/~.
SUBMITTED BY:
REVIEWED BY:
/ Ii..
City Manager L9.., \"
{,;."
(4/5ths Vote: Yes_Noll
The last RFP to solicit proposals for operations ofCVT and maintenance of the CVT fleet was
issued in February 1993. As a result of the Request for Proposal (RFP) process, San Diego
Transit was selected as the CVT contract operator for a three-year term. Since then three
extensions to the agreement have been approved by Council with the latest being on February
2001. Our current agreement terminates on June 30, 2002. In a cooperative effort, Transit staff
has been working with Metropolitan Transit Development Board (MTDB) staff to develop and
issue an RFTP in a two-step process with a service start date of July 1, 2002.
RECOMMENDATION: That Council:
1. Accept this report;
2. Authorize staff to issue an RFTP for CVT operations and maintenance for a 5-year base
term, which complies with Federal Transit Administration (FTA) regulations, in a
cooperative effort with MTDB;
3. Include a responsible wage policy based on MTDB's Policy 32, Section 32.10; and
4. Accept the make up of the Technical Review Committee as adopted by MTDB
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable
DISCUSSION:
In order to increase efficiency and reduce staff time City Transit staff is working with MTDB to
develop and issue an RFTP. Both CVI's and MTDB's existing transit contracts expire on June
30, 2002. Both Transit staffs see this as an opportunity to increase cooperation between our
transit agencies and reduce procurement costs.
Background
The City currently contracts with San Diego Transit Corporation (SDTC) to operate our transit
system and maintain our bus fleet. SDTC is responsible for providing the necessary personnel to
support the operating functions ofCVT. SDTC's transit services agreement with the City
terminates on June 30, 2002. Consequently, Transit staff prepared a Council Item requesting
authorization to solicit a Request for Technical Proposals (RFTP) in a two-step competitive bid
-I
Page2,Item~
Meeting Date 12-11-01
procurement. This item also included a responsible wage policy based on some elements of
MTDB's Policy 32.
Due to concerns from the Labor Council, the Amalgamated Transit Union (ATU) and the
International Brotherhood of Electrical Workers (IBEW), the August 28, 2001 Council Item was
continued to give staff some time to address the specific issues. On August 28, 2001,
representatives from the Labor Council, ATU, MTDB and City Staff met with two City Council
members to listen and discuss the following issues related to the proposed RFTP process:
I. The primary concern was that the Council Item excluded Clause (f) ofMTDB's
responsible wage policy (Section 32.10, Setting Responsible Wages and Benefits), which
states, "The requirements of this section shall not apply to proposers and contractors
whose vehicle drivers are subject to a collective bargaining agreement."
The Labor Council, IBEW and ATU representatives felt that excluding this clause would
create an unfair process in which contractors under collective bargaining agreements
would not be able to compete with contractors without similar agreements. They
requested that Clause (f) not be excluded from CVT's RFTP and that it be written just as
it is in MTDB's responsible wage policy (Attachment I).
2.
The Labor Council, IBEW and ATU representatives were also concerned about the
proposed two-step competitive procurement and how it would affect the existing drivers
and mechanics if a new contractor were awarded the contract. Staff was instructed to
look into the legality of negotiated or sole-source procurement with the existing
contractor instead of conducting a competitive process.
3. The overall focus of all in attendance was the desire to retain as many of the existing
employees as possible, with whichever process is used, and ensure their wages and
benefits under the new contract match or even exceed those ofthe current transit
operators. The larger goal is to keep a content, stable, efficient transit workforce here in
the City with minimal turnover and exceptional performance and customer service for the
next five years.
In order to accurately address these issues, the Public Works Director and Transit staff first
consulted with MTDB's General Manager, legal counsel, and staff to find out if negotiated or
sole-source procurements are realistic options. As the regions direct recipient of Federal Transit
Administration (FT A) funds, MTDB must follow all federal procurement requirements when
contracting for transit service. Since CVT is now the recipient of federal capital funding and
operates MTDB provided, federally funded vehicles, the City must also follow these same
guidelines. MTDB's legal council confirmed with the FTA that CVT does come under these
same federal guidelines and we are required to competitively bid transit service (limited to 5 year
contract terms).
/~
Page 3, ltemLL
Meeting Date 12-11-01
Recommendation
With this FT A requirement confirmed, Transit staff is recommending the same two-step
competitive procurement process as previously proposed with the following changes aimed at
addressing the issues and larger goals of the Labor Council, ATU, and City staff representatives:
I. Include all elements ofMTDB's Policy 32 Responsible Wage Policy (Section 32.10),
including Clause (f). This policy sets minimum wage and benefits requirements for
vehicle drivers operating under a transit service contract. The purpose of this requirement
is to: retain fully trained qualified drivers; provide a quality transit service to transit
patrons; and to reduce absenteeism and driver turnover. The policy itself and the
Responsible Wage Rates spreadsheet is provided (Attachment I).
2. Require each proposer to include a detailed Driver/Mechanic/Servicer Retention Plan in
their technical proposals that must offer a position to all current drivers/dispatchers,
mechanics and servicers provide the following minimum benefits:
All drivers/dispatchers, mechanics and servicers retained shall continue with their
existing benefits balances and accrual rates, as of June 30, 2002. The successful bidder
for CVT will continue to provide the listed benefits accrual rates for the term of the
contract specified in the RFP.
Continuation of:
.
Vacation balances, if they do not prefer to cash it out, and accrual rates, (available 30
days after start-up);
Sick-leave balances and accrual rates;
Seniority Ranking; and
Holiday Leave
Proposers shall provide a pension plan (401K or better)
.
.
3. Include an $8.00 minimum responsible wage for bus cleaners and fuelers with same
minimum health benefits as drivers.
The two-step competitive procurement process, whereby transit firms submit a technical proposal
and, if qualified, are moved to the second step where price bids are opened and the lowest
responsive and responsible bidder is awarded the contract, has been successfully used throughout
the transit industry for years. MTDB has been successful in maintaining very high quality and
cost effective transit service using this method over the last two decades without any significant
bidder protests.
Attached for Council's information is a draft of the proposed Technical Qualification Criteria
Table (Attachment 2), which will be used to qualify the prospective bidders in Step 1 of the
procurement process. Both the City and MTDB will be issuing and awarding the RFTP
independently, but for efficiency, MTDB and City Transit staffs recommend a Technical Review
/(P
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Page 4, Item~
Meeting Date 12-11-01
Committee be forn1ed to review CVT proposals based on the Technical Qualification Criteria.
The committee will be composed of staff from the City of Chula Vista, MTDB, and as wel1 as
other regional transit/planning agencies.
Abiding by the FTA's competitive transit procurement regulations and safeguarding current
employee wages and benefits can be attained simultaneously by including the additional
requirements above into the RFTP process. This allows for a balance between providing
responsible wages and benefits for employees and controlling costs in order to have the funding
available for existing services and future service expansions. CVT currently provides
approximately 11,500 passenger trips per weekday and the demand continues to grow each
month. We need to ensure that we continue to make the most efficient use of our funds in order
to meet current and future demands of the developing communities to the east without being
forced to increase fares.
Alternative Option
The City also has the option to turn CVT plannin ! and service operations over to MTDB in
its entirety. MTDB is the policy setting and overall coordinating agency for public transportation
in the region. In August 2000, the MTD Board approved the consolidation of all regional transit
funds; consequently, MTDB is now ultimately responsible for all funding decisions related to
transit services and capital expenditures.
Consolidating CVT service into the MTDB's transit operations function may create some
efficiencies of scale as certain management functions could be combined. There would also be
improved regional coordination and transit service would fall under one dedicated transit board.
There are, however, several disadvantages to turning CVT over to MTDB:
.
The City would lose direct control of all transit operations and plani1Ìng functions;
CVT could lose it's own unique community identity;
CVT could lose its direct community interaction (requests, complaints, trip planning);
The City would suffer increased response time to citizen requests and/or concerns;
The City would likely lose the unique working relationship between the City's transit,
planning, and engineering staffs, which currently work very well together to solve
problems and identify opportunities;
The City would also need to address issues regarding City owned transit facilities and
impacts on existing City employees.
.
.
Timin !
Time is of the essence and a final decision needs to be made so that a new contract can be
implemented by July 1,2002. It is critical that we continue to have a transit provider to avoid
any service disruption. This takes into consideration the significant lead time needed to complete
the two-step competitive procurement process (if approved), as well as the time needed for a
It
Page 5, Item Ie"
Meeting Date 12-11-01
contractor to prepare for the start up of a new contract, If Council desires, it can authorize
issuing the RFTP and direct staff to pursue the Alternative Option in order to avoid any service
provision disruptions. Staff is not recommending any extension to the existing contract since the
maximum 5 years will be up on June 30, 2002 (the end ofthe current contract).
A copy of the Request for Technical Proposals is on file in the Office of the CIty Clerk.
FISCAL IMP ACT: At the time of award this contract would contain no City of Chula Vista
General Fund contribution. The CVT operating and maintenance contract costs will be funded
by MTS pooled TDA Article 4.0 funds.
ATTACHMENTS:
1) Policy 32's Section 32.10 and wage table
2) Technical Qualification Criteria Table
File: DS-O27/035
H:\TransitlAl13 Transit RFP.doc
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32.10
d.
e.
f.
Attachment 1
SettinG Responsible WaGes and Benefits. MTDB will include as part of the bid
documents a minimum wages and benefits requirement for vehicle drivers
operated as a result of a bus, mini-bus, van, or other service contract. The
purposes of this requirement are: to retain fully trained, qualified and
experienced drivers; to provide a high level of quality transit service to the transit
patrons; and to reduce absenteeism and driver turnover.
a.
Base Wage Level - In advance of the initiation of a bid process, MTDB
will conduct an analysis to develop minimum wage level requirements for
the tenn of the contracL A base wage rate, for purposes of the analysis,
is established at $8.35 per hour for July 1, 2000, for drivers after a
training and probation period. The analysis will identify a cost of living
index (based on prior five-year average San Diego Consumer Price
Index) for each future year as a starting point for establishing a minimum
wage each year of the future contract. All existing MTDB-contracted
vehicle driver wage rates and all existing labor agreements of the MTDB-
contracted vehicle drivers, entered into after the effective date of this
section, will then be reviewed. The initial starting point wage rate based
on the five-year average San Diego Consumer Price Index would be
adjusted to insure consistency with existing transit service contracts for
the remaining years of those contracts. Any years in a new contract that
are beyond the termination of an existing contract would be calculated
based on the five-year average San Diego Consumer Price Index.
b.
Training Wage Level- MTDB shall set a level no less than 90 percent of
the base wage level after probation. Training pay shall not exceed 160
hours. If additional training is required beyond 160 hours, the employee
shall be paid at the wage level of probation wage after certification.
c.
Probation Wage After Certification - A driver who is in training and
exceeds 160 hours or who has been certified as a driver shall have a
minimum wage level set by MTDB of no less than 95 percent of the base
wage level for a period not to exceed 90 days after completion of training.
The above wage categories shall be established as minimums in the
contract bid requirements and are base driver wage levels excluding
benefits and any performance bonuses. These minimum wage
categories shall apply to full-time and part-time drivers of contract
services.
Health Benefits - MTDB shall include in bid documents the requirement
for the contractor to offer full-time and part-time vehicle drivers (20 hours
or more per week) a family heallh plan based on a minimum employer
contribution. The minimum contribution for the health benefit is
established at $1.25 per hour for July 1, 2000. The health benefit plan
contribution standard would be indexed based on the prior five-year
average San Diego Consumer Price Index for each year of the contract to
be awarded.
The requirements of this section shall not apply to proposers and
contractors whose vehicle drivers are subject to a collective bargaining
agreement.
/Cr>
I REVISED JUL Y 2001 I
RESPONSIBLE DRIVER WAGE RATES
CONTRACT DRIVER MINIMUM WAGE LEVEL
MTDB CONTRACTSERVICES. FIXED-ROUTE CONTRACTS JULY 1, 2002
CATEGORY
Training Wage
15.6% 2.9% 2.9% 2.8% 2.7%
$8.30 Ilml $8.75 $9.00 $9.25 $9.50 $9.75
15.4% 2.9% 2.8% 2.7% 2.8%
$8.55 111Ii1 $9.00 $9.25 $9.50 $9.75 $10.00
Ls.3% 2.8% 2.7-% 2.6% 2.6%
5 y' averaae waae c.lculallon= 3.39%
Probation Wage After Certified
After Probationary Period
~~--- -
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Health Benefits
RESPONSIBLEWAGES.,I,
711'/01
Attachment 2
TECHNICAL QUALIFICATIONS CRITERIA TABLE
CVT FIXED-ROUTE BUS SERVICES
Qualification Pass Fail
Criteria
1. Experience of Firm
MANDA TORY CRITERIA The firm, or management team as a The firm, or management team as a
whole, must have three (3) or more whole, has less than three (3) years
years recent and relevant experience recent and relevant experience in
in providing regularly scheduled providing regularly scheduled fixed-
fixed-roule public transit service. route public transit service.
This service must be similar in size, Experience not similar in size, scope,
scope, and complexity (routes, miles, and complexity (routes, miles, hours,
hours, vehicles, elc.) to Ihe vehicles, etc.) to the requested
requested service. The experience service vehicles, etc.). Experience
must inciude at least one year of does not include alleast one year of
providing the above services using providing services using CNG or
CNG or LNG powered buses. LNG powered buses.
2. Experience of Staff to be Assigned to this Project
2.1 Responsible Management Five (5) or more years of recent and Less than five (5) years of recent and
Individual relevant direct experience managing relevant direct experience managing
MANDA TORY CRITERIA gII aspects of a public transit service gII aspects of a public transit service.
similar in scope and complexity Not similar in scope and complexity
(routes, miles, hours, vehicles. etc.) (routes, miles, hours, vehicles, etc.).
to Ihe requested service.
(See: Exhibit "A")
2.2 On-Site Manager Five (5) or more years general, Less than five (5) or years
MANDA TORY CRITERIA overall experience managing 1 experience managing 1 regularly
regularly scheduled, fixed-route scheduled, fixed-route public bus
public bus transil service similar in transit service. Not similar in size,
size, scope, and complexity (routes, scope, and complexity (routes,
miles, hours, vehicles, etc.) miles, hours, vehicles, etc.)
(See: Exhibit "A")
2.3 On-Site Fleet Maintenance Five (5) or more years experience Less than five (5) or more years
Manager managing 2 the maintenance experience managing 2 managing the
MANDA TORY CRITERIA functions of a heavy-duty lransit maintenance functions of a heavy-
shop (maintaining 35'-40' coaches) duty Iransit bus shop. Not similar in
.similar in scope and complexity to scope and complexity. Experience
the requested service. At least two does not include two years of work
of these five years musl be with CNG on CNG or LNG transit coaches.
or LNG buses. (See: Exhibit "A")
2.4 Operallons Manager (Assistant Two (2) or more years experience Less Ihan two (2) years experience
On-Site Manager) managing the operations function of managing the operations function of
MANDA TORY CRITERIA a regularly scheduled fixed route a regularly scheduled fixed route
Iransil service. Provide detalied transit service. Does not adequately
skills, experience and attributes to be describe skills, experience and
demanded of the individual(s) 10 be attributes 10 be demanded of Ihe
assigned. (See Exhibit "A") individual(s) 10 be assigned.
3. Facilities Maintenance Plan
~.
1 Managing involves having direct supervisory responsibility for staff, operations and/or maintenance
personnel.
2 Managing involves having supervisory responsibility for maintenance personnel.
A-13
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Qualification Pass Fail
Criteria
3.1 Facilities Mainlenance Plan Provide details of process for Does not adequately describe the
MANDA TORY CRITERIA compliance with the facility facility maintenance plan. lack of a
maintenance requiremenls. Provide functional analysis for locating
for the functional analysis of the functions. No statement regarding
different operating, maintenance, the exclusive use of the facilities
and administrative functions. Must identified for services described in
also include a slatement that Ihe this proposal.
facilities are to be used exclusively
for services described In this
proposal.
4. Implementation, System Management and Vehicle Maintenance Plans
4.1 Implementation Plan Comprehensive, detailed plan No comprehensive, delailed
MANDA TORY CRITERIA showing how all start-up tasks (e.g., implementation plan described. The
hiring and training personnel, plan is not complete or is
facilities preparation, and vehicle unreasonable. No contingency plan.
preparation). The plan should allow
for flexibility. Indicate contingency
plans, including a discussion of
typical things that go wrong at
startup and how those problems
would be mitigated.
4.2 System Managemenl Plan A comprehensive, detailed program The program not comprehensive,
MANDA TORY CRITERIA showing staffing and equipment detailed showing slaffing and
commitment, staff responsibilities, equipment commitment, staff
management plan and quality control responsibilities, management plan
to ensure continued high quality and quality control.
transit service.
4.3 Organization Chart Include an administration, Organization chart does not show
MANDA TORY CRITERIA maintenance, and operations the relationship of stafflemployee
organization chart showing Ihe positions and levels and the number
relationship of staff/employee of personnel. All job classifications/
positions and levels and the number positions not shown with FTE's.
of personnel. All job
classificationslpositions must be
shown with FTE's.
4.4 Vehicle Maintenance Plan Comprehensive, detailed vehicle Vehlclè maintenance program not
MANDA TORY CRITERIA maintenance program including the comprehensive and detailed. Does
number and type of personnel not include the number and type of
directly involved, plan for personnel directly involved. Does
accomplishing preventive not inciude a plan for accomplishing
maintenance and intervals, general preventive maintenance, general
repairs, warranty work, wheelchair repairs, warranty work, wheelchair
lift/ramp maintenance, and required lift/ramp maintenance, and required
vehicle maintenance. (See: Exhibit vehicle maintenance.
"A", Attachmenl #3)
A-14
Æ
1
5. Safety and Training
5.1 Safety Compliance Report For companies operating in For companies operating in
MANDA TORY CRITERIA California, submit Ihe lalest copy of California, no copy or not the latest
Califomia Highway Patrol Safety copy of California Highway Patrol
Compliance Report (CHP 343) for Safety Compliance Report (CHP
and the most recent fixed-route 343) for and not the most recent
project Report (CHP 343a). 3 fixed route project Report (CHP
343a).3
These reports must indicate
satisfactory ratings. This report These reports do not indicate
should indicate a low number of satisfactory ratings. This report
violations per vehicle, low relative to indicates a high number of violations
fleet size, and low administratively. per vehicle, high relative to fteel size,
.. andlor high administratively.
5.2 Safely Program Submit a detailed safety training and No program provided. Or
MANDA TORY CRITERIA safe driving program including hiring unacceptable detailed safety training
criteria, new hire training, ongoing and safe driving program including
training, accident!incident hiring criteria, new hire training,
procedures, handling passengers ongoing lraining, accident! incident
special needs, and wheelchair procedures, handling passengers'
lift/securement procedures. Includes special needs, and wheelchair
a program that specifically addresses lift/securement procedures. Does not
safety around CNG and related include a program that specifically
equipment and required addresses safety around CNG and
certifications. Includes an Injury & related equipment and required
Illness Prevention Program certifiactions. Does not include an
incorporating all employees, Injury & Illness Prevention Program,
equipment, and facilities. or includes such a program thaI does
not incorporale all employees,
equipment, and facilities.
5.3 Mechanic Training Plan Submit a delailed mechanic training No or unacceptable delailed
MANDA TORY CRITERIA program to incorporate the mechanic Iraining program.
requirements of Exhibit "A",
Attachment #3, Sections 1,2, and 3.
5.4 Driver Training Plan Submit a detailed fixed-route driver No or unacceptable detailed fixed-
MANDA TORY CRITERIA training program to incorporale the roule driver training program.
requirements of Exhibil "A",
Attachment #4.
6. Driver Retention Plan
MANDA TORY CRITERIA The contraclor is required to submit No plan submitted or plan not
a Driver Relention Plan that is competitive in the marketplace
competitive in the marketplace covering the base term period. No
covering the base-term period. Plan melhodology fully explained or
should include a methodology to incenlives proposed Ihal would
maximize driver retention and cause continued driver retention.
stability of work force and incentives Wage level form not completed.
for driver relention. Wage level form Wage levels unreasonable for the
is complete with reasonable wage marketplace. The plan does not meet
levels for the marketplace. The plan the Driver Retention requirements as
shall meets the Driver Retention specified in the Driver Retention Plan
Requirements specified in the Driver Requirements in Section 14.6.
Retention Plan Requirements in
Section 14.6.
3 For bidders without any California operations, the equivalent safety inspections from other states will be accepted if
Ihe inspeclion applies to: (A) the maintenance program, (8) maintenance program adherence, (C) shop practices,
(D) vehicle conditions, (E) maintenance records, and (F) driver assignments.
A-15
/?
7. Performance Surety
MANDA TORY CRITERIA If Proposer intends to provide a Letter from a corporation surety not
pertormance bond, technical offer submitted. Letter submitted, but
must be accompanied by a letter Proposer is not bondable for required
from a corporate surety satisfaclory amount or the bondable amount Is
to AGENCY, indicating Ihat Proposer not shown on the letter. No letter
is bondable for the required amount from financial institution concerning
and musl be dated wilhin the past Irrevocable Letter of Credit.
30 days. Proposer does not have resources 10
furnish Letter of Credit for the
If Proposer intends to provide an required amount.
Irrevocable Letter of Credit,
Technical Proposal must be
accompanied by a letter from a
financial instilution indicating that
Proposer has the resources to
furnish the Irrevocable Letter of
Credit for the required amount and
must be dated within the past
30 days.
8. References
MANDA TORY CRITERIA A minimum of three (3) acceptable A minimum of three (3) acceptable
references from three differenl references not provided. References
clients where the bidder has not from three different clients.
provided satisfaclory service Projects not similar in scope and
acceptable to AGENCY on projects complexity. Any of the Ihree
similar in scope and compiexity. All references are not from a public
three references must be from a agency where bidder has provided
public agency where bidder has publicly funded, regularly scheduled
provided publicly funded, regularly fixed-route transit service.
scheduled fixed-route transit service. Evidence Ihat contractor has history
Agency shall be able to contact other of poor service quality pertormance
transil services operated by under similar Iransit fixed-route bus
Proposer in order to establish contracts.
contractor service quality.
A-16
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COUNCIL AGENDA STATEMENT
Item /1
Meeting Date 12/11/01
ITEM TITLE:
Resolution
Approving new Chula Vista Transit (CVT) Logo
SUBMITTED BY:
Director of Public Works 1(/
City Manager 41'-' '"
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(4/5ths Vote: Yes- No~)
REVIEWED BY:
Fiscal year 2001-02 is CVT's 30th Anniversary. With the delivery of 15 new CNG buses in
January 2001, and the expected delivery of an additional 10 buses in January 2002, Council may
wish to consider a new, more dynamic logo for CVT at this time for the following reasons: (1)
CVT would like to embark on an aggressive marketing and rider appreciation campaign; (2) a
new logo would be one way to symbolize the "new", and technologically advanced CVT fleet
and new operations yard; (3) the existing logo, Attachment 3, has been used since 1984; (4) the
new logo creates a more positive quality image of the system that will create a new identity for
CVT; and if Council wishes to change the logo, this would be an excellent opportunity to do so.
RECOMMENDATION: That Council adopt resolution approving new CVT logo for marketing
and identification as shown on Attachment 2.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable
DISCUSSION:
In anticipation that Council might wish to consider a new logo for CVT, Transit staffrequested
MTDB's graphic design staff to develop various designs and for consideration. These designs
used the paint colors approved by Council on July 20, 1999 (blue and gold on white).
After reviewing the numerous options, City Transit staff selected the three logo designs as shown
in Attachments 1. Transit staff took these logo designs and conducted a survey of the drivers, to
include them in the decision making and for them to identifY with the new logo. The logo on
attachment 2, was the overwhelming favorite with over 80% of the votes. Additionally, Transit
staff reviewed the logo designs with the City's Public Information Officer who is supportive of
the logo change. The Transit Coordinator, the City's Public Information Officer and the drivers
recommend the following:
a change to the logo in Attachment 2
Page 2, Item /7
Meeting Date 12/11/01
Following are some other points for Council's information and consideration:
During this and the coming years, Transit staff will be conducting marketing campaigns to
promote CVT's 30th Anniversary and thank CVT riders.
CVT has provided over 40 million passenger trips since 1971 (see Graph).
.
The new logo would create a new identity and branding for CVT.
FISCAL IMPACT: No City ofChula Vista General Fund contributions would be used. The
CYT marketing and promotional campaign will be funded by MTS pooled TDA Article 4.0
funds. As current marketing and promotional material is reordered the new logo will be
incorporated.
ATTACHMENTS
1. Proposed CYT logos
2. Recommended CVT logo
3. Existing CVT logo
4. Graph
OS-O28
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ATTACHMENT 1
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ATTACHMENT 2
Chula
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Transit
ATTACHMENT 3
CHULA !
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RESOLUTION NO. 2001-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING NEW CHULA VISTA TRANSIT
(CVT) LOGO
WHEREAS, fiscal year 2001-02 is CVT's 30'h Anniversary; and
WHEREAS, with the delivery of 15 new CNG buses in January 2001, and the
expected delivery of an additional 10 buses in January 2002, Council may wish to consider a
new, more dynamic logo for CVT at this time for the following reasons: (1) CVT would like
to embark on an aggressive marketing and rider appreciation campaign; (2) a new logo would
be one way to symbolize the "new", and technologically advanced CVT fleet and new
operations yard; (3) the existing logo has been used since 1984; (4) the new logo creates a
more positive quality image of the system that will create a new identity for CVT; and if
Council wishes to change the logo, this would be an excellent opportunity to do so.
NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula
Vista does hereby approve the new Chula Vista Transit (CVT) Logo for marketing and
identification as shown on Attachment 2.
Presented by
Approved as to form by
John P. Lippitt
Director of Public Works
J:lattorneylresolCVT logo
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CVT
Chula Vista Transit
FIXED-ROUTE BUS SERVICES
REQU EST FOR
TECHNICAL PROPOSALS
AND PRICE BIDS
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TECHNICAL PROPOSALS AND PRICE BIDS DUE:
FEBRUARY 4,2002, no later than 3:00 P.M. (P.S.T.)
PRICE BIDS MUST BE SUBMITTED IN SEPARATE SEALED ENVELOPE
/7-t
November 19, 2001
OS 027
CVT FIXED-ROUTE BUS SERVICES
NOTICE INVITING TECHNICAL PROPOSALS
AND PRICE BIDS
Technical Proposals and Price Bids for management and operation of Chula Vista Transit (CVT) local,
urban, shuttle, and express fixed-route bus services will be received at The City of Chula Vista
Engineering Department, 276 Fourth Avenue, Chula Vista, CA 91910, attention: Transit Division,
Jeffrey Codling. A two-step procurement process will be used. Both the Technical Submittal (Step 1)
and the Sealed Priced Bid (Step 2) are due prior to 3:00 p.m. local time on Monday, February 4, 2002.
Technical Proposals and/or sealed price bids received after 3:00 p.m. or at a different location will not
be considered and will be returned unopened.
Interested and qualified proposers (Proposer) are invited to submit a Technical Proposal responsive to
the scope of work included with the draft contract in Section B of the Request for Technical Proposals
(RFTP) according to the instructions in Section A. The Technical Proposals will be evaluated according
to the technical qualification evaluation criteria in Section A. Proposers deemed responsive and
responsible will have their sealed priced bid response (Price Bid) opened at a public bid opening,
tentatively scheduled for 2:00 p.m., Friday, February 15, 2002. To be responsive, Proposer must
satisfy all of the requirements of the RFTP. A responsible proposer is one who has the technical
capability and financial capacity to perform as bid, has a satisfactory record of prior performance, and is
otherwise qualified and eligible to receive an award under applicable laws and regulations, Contract
award is made on the basis of price to the lowest responsive, responsible proposer.
Proposers are encouraged to attend a pre proposal conference scheduled for Tuesday, January 8, 2002,
at 9:00 a.m., at 1255 Imperial Avenue, Suite 1000, Board Meeting Room, San Diego, CA 92101-7490.
Proposers may also review bus types and the proposed maintenance and operations facility from
2:00 p.m. to 4:00 p.m. that same day (January 8, 2002), in Chula Vista, California (maps and more
detailed information to be provided at the preproposal conference.)
The Project Manager for this project is Jeffrey Codling (619.691.5030). Technical inquiries should be
directed to the Project Manager or the CVT Transit Coordinator, Andres Trujillo, at 619.691.5260.
Technical Proposals and Price Bid forms may be obtained at The City of Chula Vista Engineering
Department, 276 Fourth Avenue, Chula Vista, CA 91910, attention: Project/Proposal Information
(619.691.5030 or 619-691-5260), at no cost.
Bids are required for the entire work described herein. For your bid to be considered responsive, you
must sign and execute all pricing forms in Section D. Bids will be compared and a contract will be
awarded to the lowest responsible, responsive bidder.
Technical Proposals shall be submitted to CVT in one package or envelope of choice to Proposers.
Sealed Price Bids shall be enclosed in a separate sealed envelope and shall bear the title of "CVT
Contract Fixed-Route Bus Services" and have the name of company on the outside of the envelope.
An envelope for this purpose is enclosed. Proposers commingling their Technical Proposal and Price
/7-1
Bid may be deemed nonresponsive. Bids will be publicly opened and read at the Metropolitan Transit
Development Board (MTDB) at the address and time stated above.
This Request for Technical Proposals and Price Bids does not commit CVT to award a contract or to
pay any costs incurred in the preparation of a Technical Proposal or Price Bid. CVT reserves the right
to cancel, in part or in its entirety, this solicitation, should this be in the best interest of CVT.
Questions relating to this RFTP and Price Bid shall be submitted in writing prior to Thursday, January
10,2002, at 4:00 p.m. local time to The City of Chula Vista, Transit Division, attention: Jeffrey Codling,
276 Fourth Avenue, Chula Vista, CA 91910. Oral explanation or instructions shall not be considered
binding on behalf of CVT. Any modifications to this solicitation will be issued by CVT as a written
addendum.
Andres Trujillo
Transit Coordinator, City of Chula Vista
Date:
CVT SECTIONA 11-19-01.JCODLI
11/19/01
/7-'/0
TABLE OF CONTENTS
CVT FIXED-ROUTE BUS SERVICES
SECTION A - REQUEST FOR TECHNICAL PROPOSALS (RFTP) AND REQUEST FOR PRICE BIDS
(RFB): THE TWO-STEP PROCESS
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
Table of Contents
BACKGROUND ........................................................................................................,............1
1.1 CONTRACTOR'S responsibilities.....................................................................................1
1.2 AGENCY's responsibilities ...............................................................................................1
PROPOSED OPERATIONS AND MAINTENANCE FACILlTY...............................................2
2.1 AGENCY Facility Responsibilities ....................................................................................2
2.2 CONTRACTOR Facility Responsibilities ....................................................,.....................3
PROPOSED SCHEDULE OF EVENTS .................................................................................3
SELECTION AND AWARD - THE TWO-STEP PROCESS ....................................................4
LIMITATION ON FUNDING ....,........................,.....................................................................6
PROTEST PROCEDURES....................................................................................................6
KNOWLEDGE OF RFTP/RFB CONDITIONS ........................................................................8
DUTY TO INQUIRE ...............................................................................................................8
EXPLANATION TO PROPOSERS.........................................................................................9
DISCLAIMER.........................................................................................................................9
INSPECTION........................................................................,................................................9
PROPRIETARY INFORMATION.........................................................................................,..9
REQUIRED CONTENTS OF TECHNICAL PROPOSAL ........................................................9
INSTRUCTIONS FOR PREPARING TECHNICAL PROPOSALS........................................ 10
14.1
14.2
14.3
14.4
14.5
14.6
14.7
14.8
Experience of Firm ....................................".............................................................10
Experience of Staff to be Assigned to this Project .................................................... 10
Facilities Maintenance Plan ......................................................................................10
Implementation, System Management and Vehicle Maintenance Plans ...................10
Safety and Training ..................................................................................................11
Driver Retention Plan ....................................................................................,..........11
Performance Surety..................................................................................................11
References...............................................................................................................12
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15.
EVALUATION OF TECHNICAL PROPOSALS..................................................................... 12
TECHNICAL QUALIFICATIONS CRITERIA TABLE ........................................................................13
TECHNICAL SUBMITTAL COVER SHEET.....................................................................................18
ADDENDA RECEIPT .......................,.....,..............................,.........................................................19
TABLE OF CONTENTS FOR TECHNICAL PROPOSAL.......,.........................................................20
FORM 4.3 SUMMARY OF PROPOSED POSITIONS FORM ..........................................................21
FORM 6.2 WAGE AND BENEFITS PROPOSAL FORM.................................................................. 22
SECTION B - Pro Forma Contract and Scope of Work (Exhibit "An)
SECTION C - Supplemental Information (Not part of Contract)
SECTION 0 - Required Forms and Pricing Forms
17~/.L
SECTION A
REQUEST FOR TECHNICAL PROPOSALS (RFTP)
AND REQUEST FOR PRICE BIDS (RFB) - THE TWO-STEP PROCESS
1.
BACKGROUND
Since 1971, Chula Vista Transit (CVT) has provided contracted fixed-route public transit bus service in
the City of Chula Vista and small portions of National City and San Diego County. The existing fixed-
route service contract will expire in June 2002. CVT is now soliciting bids to provide this regularly
scheduled public transit service for the period of July 1,2002, throuqh June 30, 2007. The anticipated
responsibilities of the successful bidder (CONTRACTOR) and AGENCY are described as follows.
1.1.
CONTRACTOR's responsibilities shall include, but not be limited to, the following:
1.1.1. Meeting all operations and maintenance requirements established by AGENCY
in accordance with this RFTP and any resulting agreements.
1.1.2. Providing qualified personnel necessary to operate AGENCY services.
1.1.3. Providing all non-revenue support vehicles.
1.1.4. Providing select support equipment and communications equipment to the
operations and maintenance facility provided by AGENCY.
1.1.5. Providing operational training and supervision.
1.1.6. Providing fare revenue and fare media collection including handling, security,
control, and audit functions.
1.1.7. Performing data collection and reporting same in prescribed format.
1.1.8. Performing personnel administration and related functions.
1.1.10 Assisting AGENCY in system marketing efforts, including making buses available
for display, and posting notices and system information on bus interiors when
requested.
1.1.11 Providing customer service telephone information and written response to
complaints as may be necessary.
1.1.12 Using and maintaining the facilities exclusively for services described in this
proposal.
1.1.13 Performing functions as otherwise described in the Agreement.
1.2.
AGENCY'S responsibilities include the following:
1.2.1. Establishing operations requirements.
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1.2.2. Ongoing service planning.
1.2.3. Establishing fare policies and fare structure.
1.2.4. Issuing payments to CONTRACTOR per Agreement.
1.2.5. Administration and monitoring of Agreement.
1.2.6. Determining compliance with Agreement requirements.
1.2.7. Bus stop sign installation and maintenance.
1.2.8. Printing public timetables and system transit maps.
1.2.9. Providing all revenue rolling stock (full-size buses and mid-size buses).
1.2.10 Providing a maintenance and operations facility.
1.2.11 Maintaining a Regional Transit Telephone Information System and Regional
information computer website (via regional MTS agreement).
1.2.12 Providing any fuel required to operate AGENCY services (revenue vehicles only).
2. OPERATIONS AND MAINTENANCE FACILITY
AGENCY will provide an operations and maintenance facility (the Maxwell Maintenance Facility [MMF]),
located at 1800 Maxwell Road, Chula Vista, CA 91911. CONTRACTOR shall have limited access to
facility starting on April 15, 2002, for training and implementation purposes. Details of a facility transition
plan will be coordinated between AGENCY, incumbent CONTRACTOR, and new CONTRACTOR after
contract award. A detailed list of responsibilities and other facility information is included Exhibit A,
Scope of Work, and its Attachments. However, abbreviated AGENCY and CONTRACTOR
responsibility lists are included below:
2.1
AGENCY Facility Responsibilities
2.1.1
Provide the operating and maintenance facility.
2.1.2 Review and approve all short-term improvements.
2.1.3 Pay all property taxes required.
2.1.4 Conduct Storm Water Pollution Prevention Planning effort and application to state
agencies.
2.1.5 Pay for the annual Storm Water Pollution Prevention Plan.
A-2
2.2
CONTRACTOR Facility Responsibilities
2.2.1
Provide property and facility insurance.
2.2.2 Provide and pay for a phone system, paging system, and all phone services.
2.2.3 File a Hazard Materials Business Plan with County of San Diego Environmental Health
Department and update plan as required by County regulations.
2.2.4 At CONTRACTORS cost, maintain facilities including all AGENCY owned equipment,
lighting, and safety equipment.
2.2.5 Cooperate with AGENCY to Provide janitorial service for the facilities utilized by
CONTRACTOR.
2.2.6 Provide regular sweeping and washing CONTRACTOR utilized paved surfaces,
including maintenance bays and bus parking areas.
2.2.7 Pay for any fire safety system testing and permits.
2.2.8 Coordinate with AGENCY to conduct and implement Storm Water Pollution Prevention
Plan.
2.2.9 Procure and maintain adequate levels of fluids (engine oil, transmission fluid, coolant) to
maintain revenue vehicles and keep pace with Preventative Maintenance Plan (PMI)
requirements.
All vehicles to be operated for the AGENCY Fixed-Route Bus Services shall be serviced and
maintained at the MMF. The facility will be shared by AGENCY- provided buses, CONTRACTOR
support vehicles, employee parking, and City of Chula Vista Public Works vehicles and equipment. Any
CONTRACTOR-provided facility improvements will become the property of AGENCY and must be pre-
approved by the AGENCY prior to implementation.
3. PROPOSED SCHEDULE OF EVENTS DATE
3.1 Issue RFTP/RFB December 18, 2001
3.2 Preproposal Conference and Vehicle/Site Inspections January 8, 2002
3.3 Written Comments on RFTP/RFB Due
(4:00 p.m. local time) January 10, 2002
3.4 RFTP/RFB Due (3:00 p.m. local time) February 4, 2002
3.5 Notification to Firms Found Technically Qualified February 8, 2002
3.6 Public Price Bid Opening (2:00 p.m. local time) February 15, 2002
3.7 Preaward Audit of Pricing February 15-20, 2002
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3.8 Notice of Intent to Award Issued February 22, 2002
3.9 Chula Vista City Council Awards Contract March, 5, 2002
3.10 Contractor to Provide Performance Bond
and Insurance Certificates March, 2002
3.11 Notice to Proceed from AGENCY
(or earliest date after performance bond is
received and approved) April 2, 2002
3.12 Contractor Begins Occupancy of Temporary Offices at MMF April 15, 2002
3.13 Contractor Starts Service July 1, 2002
4. SELECTION AND AWARD - THE TWO-STEP PROCESS
4.1.
4.2.
4.3.
Step One. All Proposers will submit one original and seven (7) copies of their sealed
Technical Proposal and one (1) copy of their sealed Price Bid in the format herein
described. The Technical Proposal and Price Bid must be received no later than
3:00 p.m. PST on February 14, 2002. Each Technical Proposal will be evaluated by a
Technical Qualification Committee to determine if the offer is in accordance with the
technical qualification criteria as outlined in the RFTP.
Step Two. AGENCY will open separate, sealed Price Bids only from those firms whose
Technical Proposal is deemed qualified (i.e., responsive and responsible.) It is
anticipated that the above-proposed schedule of events for notification and submittal will
be followed. The public bid openinq has been tentatively scheduled for February 15,
2002 at 2 p.m., in the Executive Committee Conference Room at MTDB, 1255 Imperial
Avenue, Suite 1000, San Diego, California.
The Price Bid will consist of four parts: start-up costs (if any), performance bond costs,
operating cost based on revenue mileage rates, and operating cost based on hourly
rates. The lowest bid will be determined as follows:
Pricing
TOTAL LUMP SUM START-UP COST(S):
(Start-up costs not to exceed $25.000)
TOTAL PERFORMANCE BOND OR
LETTER OF CREDIT COSTS:
(To Include five years and 3 months)
TOTAL CONTRACT OPERATING COST
BASED ON REVENUE MILEAGE RATES
(Includes regular scheduled service)
TOTAL CONTRACT OPERATING COST
BASED ON HOURLY RATES
(lnetudes stand-by service)
GRAND TOTAL
A-4
4.4.
4.5.
4.6.
4.7.
The contract award, (Step 2 Sealed Price Bids) if made, will be to the lowest responsive,
responsible bidder. AGENCY has a Responsible Wage and Benefit Policy (Section
32.10) as part of MTDB Policy No. 32 and an adopted wage and benefit requirement. All
Proposers must submit pricing in compliance with AGENCY's Responsible Wage and
Benefit Policy.
The Price Bid forms provided in Section 0 must be submitted (in a separate, ~ealed
enyelope) with the Technical Proposal on or before 3:00 p.m. Monday, February 4th,
2002. All required Section 0 forms, including price forms and other compliance forms
shall be submitted in a separate sealed envelope.
Following the public bid opening, AGENCY will perform a preaward survey of the
apparent low bidder. This survey will include a verification of performance surety and
insurance coverage. (Note: a preliminary verification is conducted as part of the
Technical Qualification Step One.) It shall also include an examination of the Proposer's
detailed pricing sheets (Section D). The cost breakdown form shall be submitted with
the sealed price bid. Sealed Price Bid (Step 2) submittals shall be completed in their
entirety and include all forms. Unit prices will be checked for consistency with subtotals
and totals. All line item estimates must be reasonable and realistic for a bid to be
considered responsive. AGENCY's determination of responsiveness shall be conclusive
and may not be challenged by a Proposer.
Price Bid guidelines are included with the price bid forms in Section D. Please read the
guidelines carefully and thoroughly. Please make sure that all price bid forms are signed
by the Proposer's authorized representative.
Billable revenue service mile and hourly rate(s) between fiscal years used to calculate
the total contract cost may not vary more than 3 percent. Greater variation will be
interpreted as submittal of a materially unbalanced bid. Additionally, if the billable
mileage or hourly rate for each of the five (5) years of this contract differs, the lowest rate
must be applied to the first year of the contract. The highest rate must be applied to the
last year. Any bid that does not adhere to these requirements shall be rejected as non-
responsive.
A bid submitted by a public transit operator shall obtain its governing board and legal
counsel certification that any bid submitted is in compliance with Section 32.7 of MTDB
Policy No. 32 (See Section B for a copy of policy), which covers cost allocation
procedures for public transit operators. To be considered responsive, an executed copy
of the governing board's action certified by the board's secretary or clerk and legal
counsel, must be attached to the bidder's technical proposal. The cost allocation plan
must specify the basis for allocation of all relevant costs of providing transit services in
question. The cost allocation plan must be submitted with the Price Bid. AGENCY
reserves the right to conduct an evaluation of such cost allocation plan in the event a
public transit operator is the apparent low bidder.
Charitable, nonprofit organizations bidding on AGENCY transit service contracts must
comply with Section 32.9 of MTDB Policy No. 32. (See Section C).
A-5
4.8
Proposers may not submit alternative bids or take exception or make alterations to any
requirement of the RFTP/RFB. If more than one completed submittal or Price Bid is
received from one organization or alterations made thereto, all proposals or bids from
that organization may be rejected as non-responsive.
4.9
Since AGENCY desires to enter into one contract with a firm to provide all the services
specified herein, only those technical proposals and price bids that provide all the
required services will be considered responsive.
5.
LIMITATION ON FUNDING
Any contract for public transit service resulting from this RFTP/RFB will be financed with funds available
to AGENCY from the Transportation Development Act (TDA) Article 4.0 funds or other funding sources.
The contract for this service is contingent upon the receipt of these funds by AGENCY. In the event
that funding from these sources is eliminated or decreased, AGENCY reserves the right to terminate
any contract or modify it accordingly.
6.
PROTEST PROCEDURES
Protests Received Prior to Proposal Due Date
Following the issuance of this formal RFP, and prior to the due date, a protest may be filed with CVT.
Protests must be in writing and received by CVT not less than five (5) full working days before the
proposal due date. CVT will notify all proposers that a protest has been filed, and the due date will be
postponed until the protest has been reviewed and acted upon by CVT.
Protests Received After Proposal Due Date
CVT will evaluate all proposals and determine the best-qualified proposers. A notice of selected
proposers will be mailed to all proposers. Any protest to the notice must be in writing and received by
CVT within five (5) full working days from the postmark date of the notice.
Protest Contents
The protestor must demonstrate or establish a clear violation of a specific law or regulation, e.g., a
violation of the prohibition against and restrictive specifications. The protest must contain a statement
of the grounds for protest and all supporting documentation. CVT may, but is not obligated to, request
additional information concerning the grounds for protest.
Reply to Protests
A CVT Protest Committee will review all protests as soon as possible. All material submitted by the
protestor will be considered. Such material will not be withheld from any interested party outside of
CVT, or any agency that may be involved with the procurement, except to the extent that the
withholding of information is permitted or required by law or regulation. If the protestor considers that
the protest contains proprietary material that should be withheld, a statement advising of this fact may
be affixed to the front page of the protest document, and alleged proprietary information shall be so
A-6
identified wherever it appears. CVT will respond with its determination in writing within ten (10) working
days.
Request for Protest Reconsideration
Upon receipt of an adverse decision by CVT, the protestor may file a request for protest
reconsideration, which must be directed to the Transit Coordinator in writing and received within five (5)
full working days from the postmark date of the reply from CVT. The decision of the Transit
Coordinator will be in writing and will be final. No further protests will be heard by CVT.
FT A Review of Protests
The FTA will only review protests regarding the alleged failure of the grantee to have written protest
procedures or alleged failure to follow such procedures, Alleged violations on other grounds are under
the jurisdiction of appropriate state or local administrative or judicial authorities. Alleged violations of a
specific federal requirement that provides an applicable complaint procedure shall be submitted and
processed in accordance with that federal regulation. See Buy America Requirements, 49 CFR Part
661 (Section 661.15); Participation by Minority Business Enterprise in Department of Transportation
Programs, 49 CFR Section 23.73. The FTA will only review protests submitted by an interested party,
as defined below.
The FTA's remedy for a grantee's failure to have written protest procedures, or failure to follow such
procedures, is limited to requiring the grantee to develop such procedures, if necessary, and follow
such procedures in reviewing the protest at issue, if the grantee desires the FTA's financial participation
in the contract in question. In instances where a grantee has awarded to another bidder or offeror prior
to the FTA's decision on the protest, the FTA may refuse to participate in funding the contract.
For the purposes of this section, the following definitions apply:
1.
Days - refers to working days of the federal government.
2.
File or Submit - refers to the date of receipt by the FTA.
3, Interested Party - means an actual or prospective bidder or offeror whose direct economic interest
would be affected by the award of the contract or by failure to award the contract.
4.
Bid - includes the term noffern or nproposal" as used in the context of negotiated procurements.
Protestors shall file a protest with the FT A no later than five days after a final decision is rendered
under the grantee's protest procedure. In instances where the protestor alleges that the grantee failed
to make a final determination on the protest, protestors shall file a protest with the FTA no later than
five (5) days after the protestor knew, or should have known, of the grantee's failure to render a final
determination on the protest.
Grantees shall not award a contract for five (5) days following the decision on a bid protest, except in
accordance with the provisions and limitations of subparagraph h. After five (5) days, the grantee shall
confirm with the FTA that it has not received a protest on the contract in question. Protests should be
filed with the appropriate the FTA regional office with a concurrent copy to the grantee. The protest
filed with the FTA shall include the name and address of the protestor; identify the grantee, project
A-7
number, the number of the contract solicitation; and contain a statement of the grounds for protest and
any supporting documentation. This should detail the alleged failure to follow protest procedures, or
the alleged failure to have procedures and be fully supported to the extent possible. A copy of the local
protest filed with the grantee and a copy of the grantee's decision should be included, if any.
The FTA shall notify the grantee in a timely manner of the receipt of a protest. The FTA shall instruct
the grantee to notify the contractor of the protest if award has been made, or, if no award has been
made, to notify all interested parties. The grantee shall notify all who receiye such notice that they may
communicate further directly with the FTA.
The grantee shall submit the following information no later than ten (10) days after receipt of notification
by the FT A of the protest: a copy of the grantee's protest procedure; a description of the process
concerning the protestor's protest; and any supporting documentation. The grantee shall provide the
protestor with a copy of the above submission.
The protestor must submit any comments about the grantee's submission no later than ten (10) days
after the protestor's receipt of the grantee's submission.
When a protest has been filed in a timely manner with the grantee before award, the grantee shall not
make an award prior to five (5) days after the resolution of the protest, or if a protest has been filed with
the FTA, during the pendency of that protest, unless the grantee determines that the items to be
procured are urgently required; delivery or performance will be unduly delayed by failure to make the
award promptly; or failure to make prompt award will otherwise cause undue harm to the grantee or the
federal government.
In the event that the grantee determines that the award is to be made during the five (5)-day period
following the local protest decision, or the pendency of a protest, the grantee shall notify the FTA prior
to making such award. The FT A will not review the sufficiency of the grantee's determination to award
during the pendency of a protest prior to the FTA's bid protest decision. The FTA reserves the right not
to participate in the funding of any contract awarded during the pendency of a protest.
Upon receipt of the submissions, the FT A will either request further information or a conference among
the parties, or will render a decision on the protest.
7.
KNOWLEDGE OF RFTP/RFB CONDITIONS
Proposers shall carefully read all sections of this RFTP/RFB, including all forms, schedules and
exhibits, visit the sites of work, and shall fully inform themselves as to all existing conditions and
limitations.
8.
DUTY TO INQUIRE
Should a Proposer find discrepancies in or omissions from the RFTP/RFB, plans, specifications or
other documents, or should the Proposer be in doubt as to their meaning, the Proposer shall submit
comments and questions to the AGENCY Project Manager in writing by January 10, 2002, at 4:00 p.m.
local time. Should it be found that the point in question is not clearly and fully set forth, a written
Addendum shall be sent to all persons having received the RFTP/RFB. AGENCY will not be
responsible for any oral instructions nor for any written materials provided by any person other than the
AGENCY Project Manager.
A-8
9.
EXPLANATION TO PROPOSERS
Any explanation desired by a Proposer regarding the meaning or interpretation of the solicitation must
be requested in writinq by January 10, 2002, at 4:00 p.m. to allow for sufficient time for a reply to reach
Proposers before the submission of their bids. Oral explanations or instructions will not be binding.
Any information provided to any prospective Proposer concerning a solicitation will be furnished to all
prospective Proposers in an amendment of the solicitation.
10.
DISCLAIMER
This solicitation does not commit AGENCY to award a contract or to procure or contract for any
services. AGENCY reserves the right to accept or reject any or all proposals receiyed as a result of this
solicitation, to negotiate with any qualified source, or to cancel in part or in its entirety this solicitation if
it is in the best interest of AGENCY. In addition, AGENCY shall not be liable for any precontractual
expenses incurred by any Proposer or by the selected contractor. Proposers shall not include any such
expenses as part of the price proposed in response to the RFTP/RFB. AGENCY shall be held
harmless and free from any and all liability, claims, or expenses whatsoever incurred by, or on behalf
of, any person or organization responding to this RFTP/RFB.
11.
INSPECTION
Proposers shall permit authorized representatives of AGENCY to inspect Proposer's data, facilities,
equipment, and records relating to this RFTP/RFB. Unsubstantiated statements or refusal to permit
audit or inspection may cause the offer and/or bid to be declared non-responsive.
12.
PROPRIETARY INFORMATION
All proposals become the property of AGENCY. Proposers must clearly identify any proprietary
information contained in or attached to the written proposal. Proposer understands that by identifying
such information as proprietary, and requiring AGENCY to treat it as such, Proposer will defend and
indemnify and hold harmless AGENCY if such classification is later challenged.
13.
REQUIRED CONTENTS OF TECHNICAL PROPOSAL (STEP 1)
Each Technical Proposal shall be typed and should be concise but comprehensive. Technical
proposals shall not include promotional material. Each Technical Proposal shall start with the
information form (provided), followed by the Addenda Receipt form and the Table of Contents (provided
on pages A-17, A-18, and A-19). All Technical Proposals must adhere to Instructions for Preparing
Technical Proposals (Section 14, below). Forms 4.3 and 6.2 (pages A-20 and A21) must be completed
and included within the Technical Proposal.
A-9
14.
INSTRUCTIONS FOR PREPARING TECHNICAL PROPOSALS (STEP 1)
General: Technical Proposal responses should be structured so that the Proposer's qualifications as
related to the Technical Qualification Criteria can be readily evaluated.
14.1
14.2
14.3
14.4
Experience of Firm
State the number of years Proposer has provided regularly scheduled fixed-route public
transportation service. List fixed-route services that Proposer has completed or are in progress
that demonstrate Proposer's qualifications to perform the work of this offer. Include, at a
minimum, the following information: name of contracting agency, type of service provided,
contract period, annual reyenue miles or hours, quantity, size, and fuel of vehicles used, and
name of contact person with telephone number.
Experience of Staff to be Assiqned to this Proiect
For the Responsible Management Individual, On-site Manager, and On-Site Fleet Maintenance
Manager, provide detailed resumes indicating, at a minimum, the following: individual's name,
individual's current duties, which required position the individual would be assigned to, years of
relevant experience, and specific relevant experience of each of the individuals as it relates to
the Technical Qualification Criteria.
For the positions of Operations Manager (Assistant Manager), Safety Supervisor/Lead Driver
Trainer, and Road Supervisors, provide detailed skills, experience, and attributes to be
demanded of the individuals to be assigned.
Facilities Maintenance Plan
Fully describe the process and procedures for the required facility maintenance. Proposers are
encouraged to view the proposed facility on January 8, 2002, prior to formulating a Technical
Proposal and Price Bid. Explain how each activity (operations, maintenance, vehicle storage)
will be conducted within the MMF. Specific and detailed descriptions of the maintenance plan
are necessary to evaluate compliance with the Technical Qualification Criteria. Provide a
schedule that includes each routine maintenance item.
Implementation, System Manaqement. and Vehicle Maintenance Plans
For the implementation plan, provide a comprehensive, detailed discussion showing how start-
up tasks (e.g., personnel recruitment/hiring, initial training, facility, and vehicle preparation and
contingency plans) will be completed prior to contract start-up. Contingency plans must include
a discussion of typical things that may go wrong at start-up and how those problems would be
mitigated.
For the system management plan, provide a comprehensive, detailed program showing staffing
commitment and responsibilities. Discuss how the Proposer will ensure that high quality service
will be consistently delivered. Provide an organization chart showing the proposed
management structure by job title and name of individual. Also, show all other job cateqories
includinq proposed number of employees in each cateqorv by full-time equivalent (FTE). State
the number of full-time employees and part-time employees (number of hours for part-time
employees). Complete the Summary of Proposed Positions Form 4.3 and include within the
Proposer's Technical Proposal.
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For the vehicle maintenance plan, provide a comprehensive, detailed vehicle maintenance
program which includes: the number and type of maintenance personnel directly involved, a
plan for accomplishing the required preyentive maintenance program, general repairs and
vehicle cleaning.
14.5
Safety and Traininq
For companies operating in California, submit California Highway Patrol Safety Compliance
Report(s)(CHP 343 and 343a). These reports must be the most recent CHP 343 and 343a
received by Proposer.
Provide a detailed, complete discussion of the following items: criteria for hiring new drivers,
ongoing driver training and safety program, written fixed-route driver training program, written
mechanic training program and accident procedures, CNG and fueling safety, ADA compliance,
and compliance with California and federal OSHA requirements.
14.6
Driyer Retention Plan
The Proposer is required to submit a Driver Retention Plan that is competitive in the
marketplace covering the base term contract period. The Proposer shall complete the Wages
and Benefits Proposal Form 6.2 and include within the Technical Proposal. Any supporting
documentation shall be attached, if applicable.
Specific Driver Retention Plan Requirements
All current drivers/dispatchers shall be offered a position by the Proposers.
Proposers shall base minimum wage and benefit levels on MTDB's Policy 32 Responsible Wage
Policy, Section 32.10 (attached).
All drivers/dispatchers retained shall receive a pension plan (401 K or equivalent), and continue
with their existing benefits balances and accrual rates, as of June 30, 2002. This includes the
continuation of:
Vacation balances, if they do not prefer to cash it out, and accrual rates (available 30 days
after start-up);
Sick-leave balances and accrual rates;
Seniority Ranking; and
Holiday Leave balances
Proposers shall also include an $8.00 minimum responsible wage for bus cleaners and fuelers
with the same minimum health benefits as drivers.
Proposers reserve the right to hire based on the CONTRACTOR'S minimum hiring standards.
14.7
Performance Surety
Proposer shall select one of the performance surety options outlined in the draft Agreement.
Proposer shall provide the information required in the Technical Qualification Criteria depending
on the option chosen. The lowest apparent responsive, responsible bidder (Step 2) shall be
required to furnish the performance bond or letter of credit within a period designated by the
AGENCY after the contract award. The agreement with the Proposer will not be executed until
A-11
such time that the Performance Surety has been submitted and accepted by the AGENCY.
Failure to furnish a performance surety within this period may cause the agreement not to be
executed and the bid to be rejected as non-responsive.
14.8
References
A minimum of three (3) acceptable references from three (3) different clients evidencing that the
Proposer has provided satisfactory service on projects similar in scope and complexity to that
described herein. If references are for general partner(s) while employed by another firm, the
name of the firm must be provided. AGENCY reserves the right to check additional references
of projects operated by prospective Proposers to assess the experience and performance of the
Proposer. If the Proposer has a history of poor performance in similar type transit contracts, the
Technical Qualifications Evaluation Committee may disqualify the Proposer in this category.
15.
EVALUATION OF TECHNICAL PROPOSALS (STEP 1)
In Step One of the process, all timely technical proposals will be examined by a Technical Qualification
Evaluation Committee to determine if the qualifications outlined on pages A-13 through A-16 are met.
Qualifications will be judged on a pass/fail basis. The technical proposals will be categorized as
acceptable or unacceptable based on the criteria outlined on pages A-13 through A-16. The Technical
Proposal is acceptable only when passing all criteria. If a Proposer fails any cateQorv. it will be
considered non-responsive and non-responsible and determined to be unacceptable.
The Technical Qualification Evaluation Committee's recommendation will then be forwarded to the
AGENCY's Transit Coordinator, who will make a final determination for recommendation to the Chula
Vista City Council, based on the information provided by the Technical Qualification Evaluation
Committee and other factors as deemed appropriate.
If a firm's Technical Proposal (Step 1) is deemed unacceptable, the Proposer shall be notified in
writing of the qualification deficiencies and their sealed Price Bid (Step 2) shall be returned
unopened, with no further consideration for award. AGENCY reserves the right to waive any minor
bid irregularities. AGENCY also reserves the right to request clarification, hold interviews, and/or
request additional information from a Proposer, if necessary.
A-12
TECHNICAL QUALIFICATIONS CRITERIA TABLE
CVT FIXED-ROUTE BUS SERVICES
Qualification Pass Fail
Criteria
1. Experience of Firm
MANDA TORY CRITERIA The firm, or management team as a The firm. or management team as a
whole, must have three (3) or more whole, has less than three (3) years
years recent and relevant experience recent and relevant experience in
in providing regularly scheduled providing regularly scheduled fixed-
fixed-route public transit service. route public transit service.
This service must be similar in size, Experience not similar in size, scope,
scope, and complexity (routes, miles, and complexity (routes, miles, hours,
hours. vehicles, etc.) to the vehicles, etc.) to the requested
requested service. The experience service vehicles, etc.). Experience
must include at least one year of does not include at least one year of
providing the above services using providing services using CNG or
CNG or LNG powered buses. LNG powered buses.
2. Experience of Staff to be Assigned to this Project
2.1 Responsible Management Five (5) or more years of recent and Less than five (5) years of recent and
Individual relevant direct experience managing relevant direct experience managing
MANDA TORY CRITERIA ;ill aspects of a public transit service ;ill aspects of a public transit service.
similar in scope and complexity Not similar in scope and complexity
(routes, miles. hours, vehicles, etc.) (routes, miles, hours, vehicles, etc.).
to the requested service.
(See: Exhibit "A")
2.2 On-Site Manager Five (5) or more years general, Less than five (5) or years general
MANDA TORY CRITERIA overall recent and relevant overall recent and relevant
experience managing 1 regularly experience managing 1 regularly
scheduled, fixed-route public bus scheduled. fixed-route public bus
transit service similar in size, scope, transit service. Not similar in size,
and complexity (routes, miles, scope. and complexity (routes.
hours, vehicles, etc.) miles, hours, vehicles, etc.)
(See: Exhibit "A")
2.3 On-Site Fleet Maintenance Five (5) or more years recent and Less than five (5) or more years
Manager relevant experience managing 2 the recent and relevant experience
MANDA TORY CRITERIA maintenance functions of a heavy- managing 2 managing the
duty transit shop (maintaining 35'-40' maintenance functions of a heavy-
coaches) similar in scope and duty transit bus shop. Not similar in
complexity to the requested service. scope and complexity. Experience
At least two of these five years must does not Include two years of work
be with CNG or LNG buses. (See: on CNG or LNG transit coaches.
Exhibit "A")
2.4 Operations Manager (Assistant Two (2) or more years recent and Less than two (2) years recent and
On-Site Manager) relevant experience managing the relevant experience managing the
MANDA TORY CRITERIA operations function of a regularly operations function of a regularly
scheduled fixed route transit service. scheduled fixed route transit service.
Provide detailed skills, experience Does not adequately describe skills,
and attributes to be demanded of the experience and attributes to be
individual(s) to be assigned. (See demanded of the individual(s) to be
Exhibit "A") assigned.
1 Managing involves having direct supervisory responsibility for staff, operations and/or maintenance
personnel.
2 Mana9ing involves havin9 supervisory responsibility for maintenance personnel.
A-13
Qualification Pass Fail
Criteria
3. Facilities Maintenance Plan
3.1 Facilities Maintenance Plan Provide details of process for Does not adequately describe the
MANDA TORY CRITERIA compliance with the facility facility maintenance plan. Lack of a
maintenance requirements. Provide functional analysis for locating
for the functional analysis of the functions. No statement regarding
different operating, maintenance, the exclusive use of the facilities
and administrative functions. Must identified for services described in
also include a statement that the this proposal.
facilities are to be used exclusively
for services described in this
proposal.
4. Implementation, System Management and Vehicle Maintenance Plans
4.1 Implementation Plan Comprehensive, detailed plan No comprehensive. detailed
MANDA TORY CRITERIA showing how ail start-up tasks (e.g.. implementation plan described. The
hiring and training personnel, plan is not complete or is
facilities preparation, and vehicle unreasonable. No contingency plan.
preparation). The plan should ailow
for flexibility. Indicate contingency
plans, including a discussion of
typical things that go wrong at
startup and how those problems
would be mitigated.
4.2 System Management Plan A comprehensive, detailed program The program not comprehensive,
MANDA TORY CRITERIA showing staffing and equipment detailed showing staffing and
commitment, staff responsibilities, equipment commitment, staff
management plan and quality control responsibilities, management plan
to ensure continued high quality and quality control.
transit service.
4.3 Organization Chart Include an administration. Organization chart does not show
MANDATORY CRITERIA maintenance. and operations the relationship of stafflemployee
organization chart showing the positions and levels and the number
relationship of stafflemployee of personnel. Ail job classifications/
positions and levels and the number positions not shown with FTE's.
of personnel. Ail job
classifications/positions must be
shown with FTE's.
4.4 Vehicle Maintenance Plan Comprehensive. detailed vehicle Vehicle maintenance program not
MANDA TORY CRITERIA maintenance program including the comprehensive and detailed. Does
number and type of personnel not include the number and type of
directly involved, plan for personnel directly involved. Does
accomplishing preventive not include a plan for accomplishing
maintenance and Intervals, general preventive maintenance, general
repairs. warranty work, wheelchair repairs, warranty work. wheeichair
iiWramp maintenance, and required liWramp maintenance, and required
vehicle maintenance. (See: Exhibit vehicle maintenance.
"A", Attachment #3)
A-14
5. Safety and Training
5.1 Safety Compliance Report For companies operating in For companies operating in
MANDATORY CRITERIA Caiifornla, submit the latest copy of Caiifomia, no copy or not the latest
Caiifomia Highway Patrol Safety copy of California Highway Patrol
Compiiance Report (CHP 343) for Safety Compliance Report (CHP
and the most recent fixed-route 343) for and not the most recent
project Report (CHP 343a). 3 fixed route project Report (CHP
343a).3
These reports must indicate
satisfactory ratings. This report These reports do not indicate
should indicate a low number of satisfactory ratings. This report
violations per vehicle, low relative to indicates a high number of violations
fleet size, and low administratively. per vehicle, high relative to fleet size,
and/or high administratively.
5.2 Safety Program Submit a detailed safety training and No program provided. Or
MANDATORY CRITERIA safe driving program including hiring unacceptable detailed safety training
criteria, new hire training. ongoing and safe driving program including
training, accident/incident hiring criteria, new hire training,
procedures, handling passengers ongoing training, accident/ incident
special needs. and wheelchair procedures, handiing passengers'
iift/securement procedures. Includes special needs, and wheelchair
a program that specifically addresses lift/securement procedures. Does not
safety around CNG and related include a program that specifically
equipment and required addresses safety around CNG and
certifications. Includes an Injury & related equipment and required
Illness Prevention Program certifiactions. Does not include an
incorporating all empioyees, Injury & Illness Prevention Program,
equipment, and facilities. or includes such a program that does
not incorporate all employees,
equipment, and facilities.
5.3 Mechanic Training Plan Submit a detailed mechanic training No or unacceptable detailed
MANDA TORY CRITERIA program to incorporate the mechanic training program.
requirements of Exhibit "A",
Attachment #3, Sections 1, 2, and 3.
5.4 Driver Training Plan Submit a detailed fixed-route driver No or unacceptable detailed fixed-
MANDA TORY CRITERIA training program to incorporate the route driver training program.
requirements of Exhibit "A",
Attachment #4.
6. Driver Retention Plan
MANDA TORY CRITERIA The contractor is required to submit No plan submitted or plan not
a Driver Retention Plan that is competitive in the marketplace
competitive in the marketplace covering the base term period. No
covering the base-term period. Plan methodology fully explained or
should include a methodology to incentives proposed that would
maximize driver retention and cause continued driver retention.
stability of work force and incentives Wage level form not completed.
for driver retention, Wage level form Wage levels unreasonable for the
is complete with reasonable wage marketplace. The plan does not
levels for the marketplace. The plan meet the Specific Driver Retention
must meet the Specific Driver Requirements detailed in the
Retention Requirements detailed Driver Retention Plan
in the Driver Retention Plan Requirements, Section 14.6.
Requirements, Section 14.6.
3 For bidders without any California operations, the equivalent safety inspections from other states will be accepted if
the inspection applies to: (A) the maintenance program, (8) maintenance program adherence, (C) shop practices,
(D) vehicle conditions, (E) maintenance records, and (F) driver assignments.
A-15
7. Performance Surety
MANDA TORY CRITERIA If Proposer intends to provide a Letter from a corporation surety not
performance bond, technical offer submitted. Letter submitted, but
must be accompanied by a letter Proposer is not bondable for required
from a corporate surety satisfactory amount or the bondable amount is
to AGENCY, indicating that Proposer not shown on the letter. No letter
is bondable for the required amount from financiai institution concerning
and must be dated within the past Irrevocable Letter of Credit.
30 days. Proposer does not have resourCes to
furnish Letter of Credit for the
If Proposer intends to provide an required amount.
Irrevocable Letter of Credit,
Technical Proposal must be
accompanied by a letter from a
financial institution indicating that
Proposer has the resources to
furnish the IrrevOcable Letter of
Credit for the required amount and
must be dated within the past
30 days.
8. References
MANDA TORY CRITERIA A minimum of three (3) acceptable A minimum of three (3) acceptable
references from three different references not provided. References
clients where the bidder has not from three different clients.
provided satisfactory service Projects not similar in scope and
acceptable to AGENCY on projects complexity. Any of the three
slmiiar in scope and complexity. All references are not from a public
three references must be from a agency where bidder has provided
public agency where bidder has publiciy funded, regularly scheduled
provided publicly funded, regularly fixed-route transit service.
scheduled fixed-route transit service. Evidence that contractor has history
Agency shall be able to contact other of poor service quality performance
transit services operated by under similar transit fixed-route bus
Proposer in order to establish contracts.
contractor service quality.
A-16
THE FOLLOWING THREE PAGES
ARE TO BE COMPLETED BY PROPOSER
AND ARE TO BE
THE FIRST THREE PAGES
OF THE
TECHNICAL PROPOSAL
Form 4.3 (Page A-21) and Form 6.2 (Page A-22) shall be completed and included within the
Technical Proposal.
A-17
TECHNICAL SUBMITTAL
CVT FIXED-ROUTE BUS SERVICES
SUBMITTED BY:
BUSINESS/FIRM NAME:
CONTACT:
ADDRESS:
CITY, STATE, ZIP:
E-MAIL ADDRESS:
TELEPHONE NUMBER:
FAX NUMBER:
A-18
CVT FIXED-ROUTE BUS SERVICES
TECHNICAL PROPOSAL FORM
ADDENDA RECEIPT
Firm's Name:
Firm's Telephone No.:
Firm's Address:
Printed name of Individual
Responsible for Preparation
of this Technical Proposal:
Title:
ACKNOWLEDGMENT OF ADDENDA
Proposer acknowledges the receipt of the following Addenda:
1) Addendum No: -' Date:
2) Addendum No: -' Date:
4) Addendum No: -' Date:
5) Addendum No: -' Date:
3) Addendum No: -' Date:
6) Addendum No: -' Date:
Signature of Proposer:
Date:
(SIGN HERE)
A-19
5.
6.
7.
8.
TABLE OF CONTENTS FOR TECHNICAL PROPOSAL
CVT FIXED-ROUTE BUS SERVICES
Name of Firm
Technical Proposals must utilize the followin9 format in the sequenced order below.
Item
1.
EXPERIENCE OF FIRM
2.
EXPERIENCE OF STAFF TO BE ASSIGNED TO THIS PROJECT
2.1 Responsible Management Individual (Resume Required)
2.2 On-Site Manager (Resume Required)
2.3 On-Site Fleet Maintenance Manager (Resume Required)
2.4 Operations Manager (Resume Required)
3.
FACILITY IMPROVEMENT PLAN
3.1 Facility Maintenance Plan
4.
IMPLEMENTATION, SYSTEM MANAGEMENT, AND VEHICLE MAINTENANCE PLANS
4.1 Implementation Plan
4.2 System Management Plan
4.3 Summary of Proposed Positions Form
4.4 Organization Chart
4.5 Vehicle Maintenance Plan
SAFETY AND TRAINING
5.1 Safety Compliance Report(s)
5.2 Safety Program
5.3 Mechanic Training Plan
5.4 Driver Training Plan
DRIVER RETENTION PLAN
6.1 Driver Retention Plan
6.2 Wage and Benefits Proposal Form
PERFORMANCE SURETY INFORMATION
REFERENCES
CVT-SECTIONAJCODLING
11/19/01
A-20
!'!!gg
FORM 4.3: SUMMARY OF PROPOSED POSITIONS
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REQUIRED PROPOSED
REQUIRED CONTRACT CONTRACT
POSITION MINIMUM FTEs" FTEs
RESPONSIBLE MANAGEMENT INDIVIDUAL 0.2
ON-SITE (PROJECT) MANAGER 1.0
ASSISTANT ON-SITE MANAGER (OPERATIONS) 1.0
ON-SITE FLEET MAINTENANCE MANAGER 1.0
SAFETY SUPERVISORS/DRIVER TRAINERS 1.0
ROAD SUPERVISORS 4.0
DISPATCHER/RADIO COMMUNICATIONS 3.0
QUALITY ASSURANCE & 0.5
WARRANTY MANAGER
MECHANIC A-LEVEU FOREMAN 2.S
MECHANIC B-LEVEL 3.5
MECHANIC B-LEVEL (farebox technician) 0,5
MECHANIC C-LEVEL 4.0
SERVICERS/CLEANERS 6.0
PARTS TECHNICIAN 0.5
DRIVERS CONTRACTOR TO CALCULATE
OFFICE MANAGER 0.5
CLERICAUOTHER OFFICE/ADMINISTRATIVE 0.5
MAINTENANCE CLERICAU 0.5
ADMINISTRATIVE
SUBTOTAL:
Additional administrative positions; If provided by outside services, Indicate in technical proposal.
HUMAN RESOURCES CONTRACTOR TO CAlCULATE
PAYROLL AND ACCOUNTING CONTRACTOR TO CALCULATE
RISK. CLAIMS MANAGEMENT CONTRACTOR TO CALCULATE
SUBTOTAL:
"Based on 1,427,500 annual revenue miles. Additional staffing may be required
for mileage beyond this base annual mileage.
NOTE: Please refer to Technical Qualifications Criteria and Scope of Work for details about positions and requirements.
[This form shall be completed and included within Section 4 (in System Management Pian) of Proposer's Technical ProposaL]
A-21
POSITION
BUS DRIVERS
(1..lnlno!
BUS DRIVERS
(p«ballon)
BUS DRIVERS
(po$I-p«batlon)
DISPATCHERS/RADIO
COMMUNICATIONS
ROAD SUPERVISORS
MECHANIC A-LEVEUFOREMAN
MECHANIC "-LEVEL
MECHANIC C-LEVEL
SERVICER/CLEANER
JaIy1,2002",oug"
Jaaa30,2003
Jaiy '. 2003 "",ag"
Jaaa 30. 2004
Jaly '. 200"',oug"
Ja"" 30, 200$
JaIy1.200"',oug"
Jaaa 30, 2007
MEDtCAL BENEFITS Ia..> ~I
Jat, 1.200"""'9"
Jaaa 30. 200.
Does bidder intend to have a Collective Bar9ainin9 Agreement in place by July 1, 2002?
YESD
NoD
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[This form shall be completed and included within Section 6 ("Driver Retention Plan") of proposer's Technical Proposal.]
A-22
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Pro Forma Contract
AGREEMENT BETWEEN
THE CITY OF CHULA VISTA
AND
xxxxxxxxx
FOR
CVT FIXED-ROUTE BUS SERVICES
B-1
AGREEMENT BETWEEN THE CITY OF CHULA VISTA
AND XXXXXXXXX
FOR CVT FIXED-ROUTE BUS SERVICES
THIS AGREEMENT is made and entered into this - day of , 2002, by
and between the City of Chula Vista, hereinafter referred to as "AGENCY" and XXXXXXXX,
hereinafter referred to as nCONTRACTOR.n
WITNESSETH:
WHEREAS, the AGENCY is an eligible transit operator to the extent authorized by
Section 99210 of the Public Utilities Code; and
WHEREAS, the AGENCY provides fixed-route public transit services to the City of Chula
Vista and portions of the jurisdictional areas of the City of National City and the County of San
Diego; and
WHEREAS, the AGENCY has authority to enter into Agreements with transit companies
for provision of public transportation service in unincorporated areas and the above-stated
jurisdictions; and
WHEREAS, CONTRACTOR has represented that it has the necessary expertise,
personnel, and other resources, and is qualified to perform such services.
NOW, THEREFORE, it is mutually understood and agreed as follows:
I.
STATEMENT OF WORK
CONTRACTOR shall operate and manage public transit bus service in the area herein specified
in a manner acceptable to the AGENCY and in strict compliance with this Agreement and with
the requirements set forth in Exhibit A, entitled "Scope of Work", attached hereto and by this
reference incorporated herein and made a part thereof. CONTRACTOR's Technical Proposal
submittal shall also be attached 0 this Agreement and incorporated as a plan for fulfilling the
requirements in the Statement of Work.
II.
GENERAL PROVISIONS
A.
Chanqes
The AGENCY, or its designated representative, may at any time, by written
order, make changes within the general scope of this Agreement, in the definition
of services to be performed, and the time and place of performance thereof. If
any such change causes an increase or decrease in the cost of or the time
required for the performance of any part of the work under this Agreement,
whether changed or not changed by any such order, an equitable adjustment
shall be made in the Agreement price or delivery schedule, or both, and the
Agreement shall be modified in writing accordingly. Any claim by the
Pro Forma Contract
B-1
CONTRACTOR for adjustment under this clause must be asserted within 30
days from the date of receipt by the CONTRACTOR of the notification of change.
However, if the AGENCY, or its designated representative decides that the facts
justify such action, the AGENCY, or its designated representative may receive
and act upon any such claim asserted at any time prior to final payment under
this Agreement. Where the cost of property made obsolete or excess as a result
of a change is included in the CONTRACTOR's claim for adjustment, the
AGENCY, or its designated representative shall have the right to prescribe the
manner of disposition of such property. Failure to agree to any adjustment shall
be a dispute concerning a question of fact within the meaning of the clause of
this Agreement entitled nDisputesn. However, nothing in this clause shall excuse
the CONTRACTOR from proceeding with the Agreement as changed.
Additions/deletions of routes, as well as modifications including changes in route
mileage or timetables, shall not be considered as nchangesn for the purposes of
this Article. Additions/deletions of routes, modifications to route mileage or
timetables, and compensation relating thereto, are governed solely by Article III
of this Agreement.
B.
Disputes
Except as otherwise provided in this Agreement, any dispute concerning a
question of fact arising under this Agreement which is not disposed of by
agreement shall be decided by the AGENCY, or its designated representative,
which shall furnish the decision to CONTRACTOR in writing. The decision of the
AGENCY, or its designated representative shall be final and conclusive unless
determined by a court of competent jurisdiction to have been fraudulent or
capricious, arbitrary, or so grossly erroneous as necessarily to imply bad faith.
CONTRACTOR shall proceed diligently with the performance of the Agreement
pending the AGENCY, or its designated representative's decision.
The nDisputes" clause does not preclude consideration of legal questions in
connection with decisions proYided for in paragraph 1 above. Nothing in this
Agreement shall be construed as making final the decision of any administrative
official, representative, or board on a question of law.
C.
Termination for Convenience of the AGENCY
1. The performance of work under this Agreement may be terminated by the
AGENCY in accordance with this clause in whole, or from time to time, in part,
with 30 days written notice, whenever the AGENCY shall determine that such
termination is in the best interest of the AGENCY. Any such termination shall be
effected by delivery to the CONTRACTOR of a Notice of Termination specifying
the extent to which performance of work under the Agreement is terminated, and
the date upon which such termination becomes effective.
2.
After receipt of a Notice of Termination, and except as otherwise directed
by the AGENCY, the CONTRACTOR shall:
Pro Forma Contract
B-2
a.
Stop work under the Agreement on the date and to the extent specified in
the Notice of Termination.
b.
Place no further orders or subcontracts for materials, services or facilities
except as may be necessary for completion of such portion of the work
under the Agreement as is not terminated.
Terminate all orders and subcontracts to the extent that they relate to the
performance of work terminated by the Notice of Termination.
c.
d.
Assign to the AGENCY all of the rights, title, and interests of the
CONTRACTOR under the orders and subcontracts so terminated, in
which case the AGENCY shall have the right, in its discretion, to settle or
pay any or all claims arising out of the termination of such orders and
subcontracts.
e.
Settle all outstanding liabilities and all claims arising out of such
termination of orders and subcontracts.
f.
Complete performance of such part of the work as shall not have been
terminated by the Notice of Termination.
g.
Take such action as may be necessary, or as the AGENCY may direct,
for the protection and preservation of the property related to this
Agreement which is in the possession of the CONTRACTOR and in which
the AGENCY has, or may acquire, interest.
3.
After receipt of a Notice of Termination, the CONTRACTOR shall submit to the
AGENCY a verified termination claim. Such claim shall be submitted promptly
but in no event later than 90 days from the effective date of termination, unless
one or more extensions in writing are granted by the AGENCY upon request of
the CONTRACTOR made in writing within such gO-day period or authorized
extension thereof.
4.
The CONTRACTOR and the AGENCY may agree upon the whole or any part of
the amount or amounts to be paid to the CONTRACTOR by reason of the total or
partial termination of work pursuant to this clause, which amount or amounts may
include a reasonable allowance for profit on work done; provided that such
agreed amount or amounts, exclusive of settlement costs, shall not exceed the
total Agreement price as reduced by the amount of payments otherwise made
and further reduced by the Agreement price of work not terminated. In no event
shall the AGENCY be liable for any loss of profits on the portion of the
Agreement so terminated. The Agreement shall be amended accordingly, and
the CONTRACTOR shall be paid the agreed amount.
D.
Default and Excess Re-Procurement Liability
The AGENCY may, by written notice of default to CONTRACTOR, terminate this
Agreement in whole or in part should CONTRACTOR fail to make satisfactory
progress, fail to deliver within time specified herein or fail to deliver in strict
conformance to specifications and requirements set forth herein. In the event of
Pro Forma Contract
B-3
such termination, the AGENCY reserves the right to purchase or obtain the items
supplied and/or services elsewhere, and the defaulting CONTRACTOR shall be
liable for the difference between the prices set forth in this Agreement and the
actual cost thereof to the AGENCY. The prevailing market price shall be
considered the fair repurchase price.
If, after notice of termination of the Agreement under the provisions of this
clause, it is determined for any reason that the CONTRACTOR was not in default
under this clause, the rights and obligations of the parties shall, if the Agreement
contains a clause providing for termination for convenience of the AGENCY, be
the same as if the notice of termination had been issued pursuant to such clause.
The rights and remedies of the AGENCY provided in this article shall not be
exclusive and are in addition to any other rights and remedies provided by law or
this Agreement.
The AGENCY may terminate this Agreement if a federal or state proceeding for
the relief of debtors is undertaken by or against the CONTRACTOR or if
CONTRACTOR makes an assignment for the benefit of creditors.
If the CONTRACTOR must pay the AGENCY under this clause, the AGENCY
may utilize payments due CONTRACTOR in order to obtain payment due the
AGENCY.
E.
Riqht to Acquire Equipment and Services
Nothing in this Agreement shall prohibit the AGENCY from acquiring the same
type or equivalent equipment and/or services from other sources when deemed
by the AGENCY to be in its best interest.
F.
Governinq Law
This Agreement shall be construed and interpreted according to the laws of the
State of California.
G.
CONTRACTOR Assiqnments and Subcontractinq
Neither this Agreement, nor any interest herein, nor hereunder may be assigned
by CONTRACTOR either voluntarily or by operation of law, nor may all or
substantially all of this Agreement be subcontracted by CONTRACTOR without
the prior written consent of the AGENCY. No consent shall be deemed to relieve
CONTRACTOR of its obligations to comply fully with the requirements hereof.
H.
Audit and Inspection of Records
The AGENCY shall have the audit and inspection rights described in this section.
Cost and/or pricing data - If the CONTRACTOR submitted cost or pricing data in
connection with the pricing of this Agreement or any change or modifications
thereto, unless such pricing was based on adequate price competition,
established catalog or market prices of commercial items sold in substantial
Pro Forma Contract
B-4
quantities to the general public, or prices set by law or regulation, the Contracting
Officer or his representatives who are employees of the AGENCY or its agent
shall have the right to examine all books, records, documents and other data of
the CONTRACTOR related to the negotiation pricing or performance of such
Agreement, change or modification, for the purpose of evaluating the accuracy,
completeness and currency of the cost or pricing data submitted.
CONTRACTOR shall maintain such books, records, data, and documents by
generally accepted accounting principles as required by the uniform system of
accounts and records adopted by the State Controller pursuant to Section 99243
of the Public Utilities Code and as required by the Transportation Planning
Agencies.
Availability - The materials described above shall be made available at the
Maxwell Maintenance Facility (MMF), at all reasonable times, for inspection,
audit or reproduction, until the expiration of three (3) years from the date of final
payment under this Agreement, or by (a) and (b) below:
a.
If this Agreement is completely or partially terminated, the records relating
to the work terminated shall be made available for a period of three (3)
years from the date of any resulting final settlement.
b.
Records which relate to appeals under the "Disputes" clause of this
Agreement, or litigation or the settlement of claims arising out of the
performance of this Agreement, shall be made available until such
appeals, litigation, or claims have been disposed of, or three (3) years
after Agreement completion, whichever is longer.
The CONTRACTOR shall insert a clause containing all the provisions of
this entire clause in all subcontracts hereunder except altered as
necessary for proper identification of the contracting parties and the
General Manager under the AGENCY's prime Agreement.
I.
Inspection of Service
All performance (which includes services, materials, supplies, and equipment
furnished or utilized in the performance under this Agreement, and workmanship
in the performance of services) shall be subject to inspection and test by the
AGENCY at all times during the term of the Agreement. The CONTRACTOR
shall provide adequate cooperation to any inspector assigned by the AGENCY to
permit the inspector(s) to determine the CONTRACTOR's conformity with these
specifications and the adequacy of the services being contractually provided. All
inspection by the AGENCY shall be made in such a manner as not to unduly
interfere with CONTRACTOR performance.
If any services performed hereunder are not in conformity with the specifications
and requirements of this Agreement, the AGENCY shall have the right to require
the CONTRACTOR to perform the services in conformity with said specifications
and requirements at no increase in the total Agreement amount. When the
services to be performed are of such a nature that the difference cannot be
Pro Forma Contract
8-5
corrected, the AGENCY shall have the right to:
a.
require the CONTRACTOR to immediately take all necessary actions to
ensure future performance of the services in conformity with the
requirements of the Agreement, and
b.
reduce the Agreement price to reflect the reduced value of the services
performed. In the event the CONTRACTOR fails to perform the services
promptly or take necessary actions to ensure future performance of the
service in conformity with the specifications and requirements of the
Agreement, the AGENCY shall have the right to either:
(1 )
by the Agreement or otherwise have the services performed in
conformity with the Agreement specifications and charge to the
CONTRACTOR any cost occasioned to the AGENCY that is
directly related to the performance of such services, or
(2)
terminate the Agreement for default as provided in the
nTerminationn clause.
J.
Federal, State. and Local Laws
CONTRACTOR warrants that in the performance of this Agreement it shall
comply with all lawful federal, state, and local orders, rules, regulations, and/or
requirements such as the Americans with Disabilities Act, the California
Department of Motor Vehicles Pull-Notice System for drivers, and any other
matter that impacts safety, eligibility for funding, risk exposure, or other relevant
area of endeavor.
K.
Data Reported
CONTRACTOR agrees that all data, including, but not limited to, reports and
information, required to be furnished by this Agreement together with any other
information furnished orally shall be free from proprietary restrictions except as
elsewhere authorized in this Agreement. CONTRACTOR further agrees that all
such data is owned by the AGENCY and that CONTRACTOR shall have no
interest or claim thereto. The CONTRACTOR further agrees to participate as
requested by the AGENCY in research and/or evaluative studies designed to
show the effectiveness of services provided under this Agreement.
L.
Equal Opportunity and Affirmative Action
In connection with the carrying out of this Agreement, CONTRACTOR and
AGENCY shall not discriminate against any employee or applicant for
employment because of race, creed, color, gender, marital status, medical
condition, disability, or national origin. Such action shall include, but not be
limited to, the following: employment, upgrading, demotion, transfer, recruitment
advertising, layoff or termination, rates of payor other forms of compensation,
and selection for training, including apprenticeship. CONTRACTOR shall comply
with all AGENCY requirements for affirmatiye action programs for vendors.
Pro Forma Contract
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M.
Non-Discrimination on the Basis of Disability
CONTRACTOR shall comply with all federal, state and county regulations
implementing Section 504 of the Rehabilitation Act of 1973, 29 USC 706 as
promulgated by the Department of Justice in Tille 28, Code of Federal
Regulations, Part 41 and the Americans With Disabilities Act of 1990. The
Metropolitan Transit Development Board (MTDB) will provide, outside the scope
of this agreement, the required ADA complementary paratransit service.
N.
Special Fundinq Consideration
This Agreement will be financed with funds available to the AGENCY under
Article 4.0 of the California Transportation Development Act (TDA), other regional
funding, and fare revenues. This Agreement is contingent upon the receipt of
these funds by the AGENCY. In the event that funding from these sources is
eliminated or decreased. the AGENCY reserves the right to terminate this
Agreement or modify it accordingly. The CONTRACTOR hereby expressly
waives any and all claims against the County of San Diego, MTDB, and the cities
of National City, and Chula Vista for damages arising from the termination,
suspension or reduction of the funds provided under which this Agreement is
made.
O.
Conflict of Interest
The CONTRACTOR covenants that it presently has no interest, including but not
limited to other projects or independent contracts, and shall not acquire any such
interest, direct or indirect, which would conflict in any manner or degree with the
performance of services required to be performed under this Agreement. The
CONTRACTOR further covenants that in the performance of this Agreement, no
person having any such interest shall be employed or retained by it under this
Agreement.
P.
Conduct of Contractor
The CONTRACTOR agrees to inform the AGENCY of all the CONTRACTOR's
interests, if any, which are or which the CONTRACTOR believes to be
incompatible with any interests of the AGENCY.
The CONTRACTOR shall not, under circumstances which might reasonably be
interpreted as an attempt to influence the recipient in the conduct of his duties,
accept any gratuity or special favor from individuals or organizations with whom
the CONTRACTOR is doing business or proposing to do business, in
accomplishing work under this Agreement.
The CONTRACTOR shall not use for personal gain or make other improper use
of privileged information that is acquired in connection with his employment. In
this connection, the term nprivileged information" includes, but is not limited to,
unpublished information relating to technological and scientific development;
medical, personnel, or security records of individuals; anticipated materials
requirements or pricing actions; and, knowledge of selections of contractors or
subcontractors in advance of official announcement.
Pro Forma Contract
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S.
The CONTRACTOR or employees thereof shall not offer gifts, gratuity, favors, or
entertainment directly or indirectly to AGENCY employees.
Q.
Non-Discrimination in Service Delivery
CONTRACTOR shall ensure that services are provided to the public without
regard to race, color, religion, ancestry, gender, marital status, age, national
origin, ethnic group identification, medical condition, or disability.
R.
Druq and Alcohol Free Workplace
CONTRACTOR shall meet all requirements set forth by the Federal
government's Omnibus Transportation Employee Act of 1991, in regards to
controlled substance and alcohol use and testing.
As a material condition of this Agreement, the CONTRACTOR agrees that the
CONTRACTOR and CONTRACTOR employees, while performing service for the
AGENCY, on AGENCY property, or using AGENCY vehicles and/or equipment:
a.
Shall not be in any way impaired because of being under the influence of
alcohol or drug.
b.
Shall not possess an open container of alcohol or consume alcohol or
possess or ingest an illegal drug.
c.
Shall not sell, offer, provide, or transfer alcohol or drug to another person
directly or indirectly. (This paragraph shall not apply to a CONTRACTOR
or its employees who as part of the performance of normal job duties and
responsibilities prescribes and/or administers medically prescribed
drugs.)
The CONTRACTOR shall inform all employees that are performing services for
the AGENCY, or are on AGENCY property, or are using AGENCY vehicles
and/or AGENCY equipment, of the AGENCY objective of a safe, healthful, and
productive workplace, and the prohibition of drug and alcohol use or impairment
from same while performing such service for the AGENCY.
The AGENCY may terminate for Default or Breach of this Agreement and any
other Agreement the CONTRACTOR has with the AGENCY, if the
CONTRACTOR's employees are determined by the AGENCY, or its designated
representative, not to be in compliance with the conditions listed herein.
Subcontracts
CONTRACTOR shall include the provisions of clauses H, I, J, K, L, M, N, 0, P,
Q, and R of this Article II in every subcontract entered into by CONTRACTOR in
furtherance of the performance of this Agreement.
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T.
AGENCY Assiqnment of Aqreement
The AGENCY may, at any time during the term of this Agreement, reassign its
responsibilities under this Agreement to another public agency. CONTRACTOR
shall be notified of such reassignment with no less than ten working days written
notice. Written notice shall indicate the effective date of reassignment. Upon
reassignment, all references to "AGENCY" in this Agreement shall be understood
to refer to the public agency identified in the written notice. All conditions,
responsibilities, duties, and requirements of the Agreement, on the part of both
AGENCY and CONTRACTOR, shall remain in full force and effect.
III.
PAYMENT
A.
Rate per Revenue Service Mile
For CONTRACTOR's full and complete performance under this Agreement, the
AGENCY agrees to pay CONTRACTOR the rates per revenue service mile
indicated below:
LOCAL Operating Cost per
Agreement Year Revenue Service Mile
Year #1: 7/1/02 through 6/30/03 = $X.XXX
Year #2: 7/1/03 through 6/30/04 - $X.XXX
Year #3: 7/1/04 through 6/30/05 - $X.XXX
Year #4: 7/1/05 through 6/30/06 - $X.XXX
Year #5: 7/1/06 through 6/30/07 = $X.XXX
B.
Chanqe in Estimated Miles
At any time, the AGENCY may require CONTRACTOR to increase or decrease
the revenue service miles provided. If the increase does not exceed fifty percent
(50%), or if the decrease does not exceed twenty percent (20%) of the original
total estimated revenue service miles, the revenue service mileage rate specified
above shall remain in effect.
If, because of:
(a) the AGENCY's requirement to increase or decrease revenue service miles,
(b) the AGENCY's requirement to change time tables, or
(c) strike, civil disaster or public calamity,
the individual or cumulative change in revenue mileage exceeds fifty percent
(50%) of the original total estimated revenue service mileage, the AGENCY and
CONTRACTOR shall negotiate a new revenue service mileage rate on this new
revenue service mileage that exceeds 50 percent (50%) of the original total
estimated revenue service mileage or to all remaining revenue service miles if
such mileage is decreased by more than twenty percent (20%) from the original
total estimated revenue service mileage.
The AGENCY is estimating that the CONTRACTOR will operate 7,355,000
Pro Forma Contract
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scheduled vehicle revenue service miles during the base term of this Agreement.
It must be noted that this mileage figure is only an estimate and that the actual
number of revenue service miles operated may differ from this estimate.
Estimated Scheduled Reyenue Service Miles:
7/1/02-6/30/03 =
7/1/03-6/30/04 =
7/1/04-6/30/05 =
7/1/05-6/30/06 =
7/1/06-6/30/07 =
1,427,500
1,427,500
1,500,000
1,500,000
1,500,000
7,355,000
C.
Rate per Revenue Hour for Additional Scheduled or Unscheduled Service
CONTRACTOR will be paid for scheduled or unscheduled service requested
specifically by AGENCY to maintain service reliability or respond to special,
emergency, or unforeseen situations. CONTRACTOR will not be paid for additional
scheduled or unscheduled service not specifically requested by AGENCY.
AGENCY estimates, but makes no guarantee of 2,500 hours of additional
scheduled or unscheduled service per year. CONTRACTOR shall be paid at the
rates shown below per reyenue hour of service specifically requested by AGENCY.
Operating Cost per
Agreement Year Revenue Hour
Year #1: 7/1/02 through 6/30/03 - $XX.XXX
Year #2: 7/1/03 through 6/30/04 = $XX.XXX
Year #3: 7/1/04 through 6/30/05 - $XX.XXX
Year #4: 7/1/05 through 6/30/06 - $XX.XXX
Year #5: 7/1/06 through 6/30/07 = $XX.XXX
D.
Fuel Costs
Fuel costs for all revenue vehicles used exclusively for the services in this
Agreement shall be provided and paid for by the AGENCY. The AGENCY will
pay the entire cost of fuel for these vehicles, including any fuel taxes, excluding
any surcharges for wet-hose fueling.
Under ordinary circumstances, all CNG and diesel vehicles must be fueled at the
Maxwell Maintenance Facility (MMF) using the facility's CNG fuel dispensers and
diesel fuel pumps.
Under extraordinary circumstances (malfunction of facility fuel station, etc.),
CONTRACTOR is responsible for fueling vehicles. Diesel may be purchased off-
site as follows: off-site diesel fuel purchases shall be made from a maximum of
two fueling locations, and the price must be competitiYe. Price paid by
CONTRACTOR shall be considered competitive if the cost is no more than
5 percent higher (for the same fuel of the same grade) than the average lowest
price charged by three fuel dealers within a ten-mile radius of the MMF (or as
Pro Forma Contract
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close as otherwise practicable). Such comparison shall be made by
CONTRACTOR if requested by AGENCY.
Under these same extraordinary circumstances, CONTRACTOR may fuel CNG-
powered yehicles at alternative CNG fueling stations designated by AGENCY
upon prior notification and approval of AGENCY. In such circumstance,
AGENCY will reimburse CONTRACTOR as a pass-through expense with the
monthly invoice.
Vehicles shall be fueled with fuel allowed by vehicle manufacturers'
specifications, unless otherwise specifically requested by AGENCY. Fuel must
meet all State of California Air Resources Board regulations. CONTRACTOR
shall submit to the AGENCY copies of the invoices and/or receipts necessary to
establish the fuel cost paid by CONTRACTOR and the number of gallons/therms
used for each vehicle and in total within the performance of the contract with the
monthly report. Invoices shall include, at a minimum, the vehicle number, date
gallons/therms fueled, and price paid per gallon/therms. Fuel report shall be
provided in Microsoft Excel formatted spreadsheet.
As a public agency, certain fuel taxes paid by CONTRACTOR (the direct fuel
purchaser) may be reimbursable to AGENCY. CONTRACTOR shall be
responsible, at its own cost, for the timely and accurate completion of all
administrative tasks related to the reimbursement of fuel taxes to AGENCY by
the appropriate local, state, and/or federal agencies. Any and all such taxes
reimbursed by direct payment to CONTRACTOR shall be paid to AGENCY by
deducting the amount from the next monthly invoice.
AGENCY reserves the right to arrange for CONTRACTOR fuel purchases from
another public transit operator or agency in the region in order to take advantage
of competitive pricing.
E.
Fare Revenue Retained
CONTRACTOR shall collect, count, and account for all fare revenues and media
received during the provision of services included in this Agreement. Said fare
revenues shall be deposited into the AGENCY's designated bank account.
CONTRACTOR shall be responsible for all fares collected.
Prior to the start of service under this Agreement, CONTRACTOR shall provide
the AGENCY with a written description of CONTRACTOR's procedures
regarding collection, counting, securement, and controlling of fare revenues.
These procedures shall be subject to AGENCY approval. As a part of the fare
revenue procedure, CONTRACTOR shall prepare a "Fare Revenue Reportn on a
weekly basis. A copy of this report will be deliyered to the AGENCY prior to the
Thursday of the following week. These reports shall indicate amount of fare
revenue expected from passenger counts recorded by drivers on the nOaily Trip
Record." The amount offare revenue shall be substantiated by actual cash
count including a full reconciliation with registering fareboxes. All fareboxes used
will be cash and coin registering fareboxes that do not have electronic probe
capability.
Pro Forma Contract
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CONTRACTOR shall empty all farebox vaults and count all farebox revenue daily
seven days per week. The actual cash count, the estimated revenue based on
driver passenger counts taken on farebox keypads or manual passenger
counters, and farebox readings shall be reconciled on fare revenue report. The
farebox and reyenue control process shall include an exception process to
identify daily any farebox that is not properly registering. Fareboxes that are not
properly registering shall be repaired within 24 hours.
Fare revenues reported by the CONTRACTOR shall be based on actual cash
counts. When nestimated fares collectedn vary from nactual fares counted" by
more than one percent (1 percent). CONTRACTOR shall provide the AGENCY
with written explanation of cause of the variance and indicate what corrective
action will be taken.
F.
Other Pass-throuqh Expenses
Any necessary pass-through expenses will be evaluated by the AGENCY and
considered on a case-by-case basis. These amounts, if approved in advance by
the AGENCY, shall be billed as part of the normal monthly invoice.
G.
Additional Services
During the term of the Agreement, the AGENCY may require CONTRACTOR to
provide additional services directly related to the service described herein but
outside normal, routine operations shall be considered additional services. The
AGENCY, or its designated representative shall authorize any additional services
in advance of service delivery. Charges for additional services shall be mutually
agreed to, after a determination of fair and reasonableness by the AGENCY, or
its designated representative.
H.
Emerqency Work
In the event of a local emergency and upon the request of the AGENCY, or its
designated representative, CONTRACTOR shall make transportation,
communications, and other desired equipment available for emergency service to
the degree possible. Emergency uses may consist of evacuation, transportation
of injured, movement of people and food to emergency shelters, or transportation
in emergency situations that may include failure of another transit operator to
provide service.
CONTRACTOR shall be paid the Rate Per Revenue Hour for additional or
unscheduled service as quoted. Reimbursement for such emergency services
would be over and above the "Maximum Payablen of this Agreement and paid by
monthly invoice.
Start-up Costs and Bonus
Upon cQmmencement of service under this Agreement, CONTRACTOR shall
submit an invoice and be paid for start-up costs and the initial performance
surety costs. Payment of the performance surety shall be made at the beginning
of each year of the contract and shall be made based on the actual invoice paid
Pro Forma Contract
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for such performance surety, not to exceed the maximum bid amount for the
performance surety. The CONTRACTOR shall be eligible for two start-up
bonuses. Criteria number one (1), related to hiring shall be paid in November
2002 (as part of the October 2002 invoice), while criteria number two (2), related
to start-up service, shall be paid in August 2002 (as part of the July invoice).
Criteria and bonus amounts are as follows:
BONUS I Eligibility Criteria Bonus Amount
CONTRACTOR hires at least the following percentage of CONTRACTOR
existing CVT Services drivers for service operated under eligible for only A,
1 this agreement. Qualifying drivers must be paid starting at B, C, Q! D.
their current or hiGher waqe and benefit level' and be
retained through at least October 31,2002.
A 195% of existing CVT drivers retained $30,000
To earn Part 2 of the bonus, the following criteria must be
2 met for all of the first seven days of service under this
Agreement. Bonus increment based on completing each
task.
A All pullouts on-time leaving yard $5,000
B Completed trips equal to or greater than 99.75% of $5,000
scheduled trips
C On-time performance equal to or greater than 85% of $5,000
the AGENCY's sample of at least 150 time checks.
0 Drivers in the approved uniform while driving in service. $5,000
" "
, Current or higher wage and benefit level refers to wage and benefit levels of driver
employed by existing (pre-July 1, 2002) CVT contractor on June 30, 2002.
J.
Maximum Payable
The amount of payment based on estimated revenue service mileage due
CONTRACTOR is estimated to be $XX,XXX,XXX for the transit service provided
during the period July 1, 2002 through June 30, 2007. The total cost of this
Agreement including initial start-up bonus, start-up costs, cost based on revenue
mileage and revenue hours, performance bonuses (if applicable), fuel adjustment
cost, and carryover term (if applicable) shall not exceed $XX,XXX,XXX (see chart
below).
Pro Forma Contract
8-13
CVT FIXED-ROUTE BUS SERVICES
CONTRACT PRICE LIST
EXPENSE
YEAR 1 (a)
50,000
TOTAL
50,000
Initial Start-Up Bonus:
Performance Surety:
Start-Up Costs:
($25,000 Maximum)
Per Revenue Mile Cost:
Per Revenue Hr. Cost:
(a)
Performance Bonuses:
Other Pass-Through
Expenses (a):
Total Costs:
(a) Estimate provided by AGENCY.
K.
Claims for Payment
CONTRACTOR shall submit a claim for payment to the AGENCY after the end of
each month of the contract term. All payments made by the AGENCY to
CONTRACTOR shall be made in arrears, after the service has been provided.
No payment shall be made for revenue service miles or hours scheduled but not
provided. Payment shall be made by the AGENCY no more than 30 (thirty) days
from the AGENCY's receipt of invoice.
If the AGENCY disputes any item on an invoice, the AGENCY may deduct that
disputed item from payment, but shall not delay payment for undisputed portions.
The amounts and reasons for such deductions shall be documented to
CONTRACTOR within 15 working days after receipt of invoice. Payment shall be
made by voucher or check payable to:
Company
Attention
Address
City, State, Zip
Pro Forma Contract
8-14
IV.
V.
AGENCY -/CO NTRACTOR-FU RN ISH ED E QU I P M ENT /F AC I LlTI ES
A.
In performance of services included in this Agreement, the AGENCY will furnish
vehicles and equipment to CONTRACTOR as stipulated in Exhibit A and
Attachments. Unless otherwise specifically stated in this Agreement, all repairs
and maintenance to this equipment shall be the responsibility of CONTRACTOR
throughout the duration of this Agreement. CONTRACTOR agrees that this
equipment will not be used for any purpose other than that required to operate,
maintain, repair, wash, license, fuel, or other activity associated with this
Agreement's operation unless otherwise specifically authorized by the AGENCY.
CONTRACTOR shall not use AGENCY-owned equipment for the purpose of
transporting drivers to or from relief-on-route points unless previously approved
by AGENCY.
B.
AGENCY owns and hereby grants CONTACTOR to operate and maintain certain
real property and improvements located at 1800 Maxwell Road, Chula Vista,
California, 91911 and related facilities beginning July 1, 2002 (hereinafter
referred to as "licensed facilities"). The licensed facilities shall be utilized by
CONTRACTOR as required to perform this Agreement. (See Exhibit A and
related Attachment 7 regarding terms and conditions for the improvements and
use of the facility, which hereby are incorporated into this Agreement.)
DISENTANGLEMENT
A.
Disentanqlement Process
The Disentanglement process (Disentanglement) shall begin on any of the
following dates:
The date any Termination Notice is delivered by AGENCY pursuant to
Article 1I.,C. Termination for Convenience of the AGENCY;
the date the AGENCY notifies CONTRACTOR that no funds or
insufficient funds have been appropriated pursuant to Article II.,N. Special
Funding Considerations;
the date designated by the AGENCY (not earlier than ninety (90) days
prior to the end of the base term);
the extended term that the AGENCY has not elected to extend pursuant
to Article IX. ,B. Carryover Term.
CONTRACTOR and the AGENCY shall mutually agree upon the nature and
extent of CONTRACTOR's disentanglement obligations and for the transfer of
Services in process. CONTRACTOR's obligation under this agreement to
provide all services necessary for Disentanglement shall not be lessened in any
respect by this provision. CONTRACTOR shall be required to perform its
Disentanglement obligations within a reasonable time as determined by
AGENCY, if AGENCY terminates the base term pursuant to Article II.,C. or N.
Pro Forma Contract
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B.
General Obliqations
Upon disentanglement, CONTRACTOR shall cooperate with the AGENCY and
any new service provider and otherwise promptly take all steps required to assist
the AGENCY in effecting a complete transition of services. Cooperation efforts
include, but are not limited to, the prompt and orderly conclusion of all work, as
the AGENCY may direct, including completion or partial completion of projects,
documentation of work in process, asset transfers and other measures as
agency may deem appropriate. All services related to Disentanglement shall be
deemed a part of the base term. CONTRACTOR's obligation to provide services
shall not cease until this Disentanglement is satisfactory to the AGENCY.
Specific Obliqations in Detail
The Disentanglement Process shall include the performance of the following
specific obligations:
Full Cooperation and Information - Cooperation shall include the provision
(both before and after the cessation of CONTRACTOR's providing all or
any part of the Services under this Agreement) by CONTRACTOR to the
AGENCY of full, complete, detailed, and sufficient information (including
all information then being utilized by CONTRACTOR) to enable the
AGENCY's personnel (or that of third parties) to fully assume and
continue without interruption the provision of the Services.
No Interruption or Adverse Impact - CONTRACTOR shall cooperate with
the AGENCY and all of the AGENCY's other service providers to ensure
a smooth transition at the time of Disentanglement, with no interruption of
Services, no adverse impact on the provision of Services or the
AGENCY's activities, no interruption of any services provided by third
parties, and no adverse impact on the provision of services provided by
third parties.
Delivery of Documentation - CONTRACTOR shall deliver to the AGENCY
or its designee, at the AGENCY's request, all documentation and data
related to the provision of services of this Agreement to the AGENCY.
Hirinq of Employees - CONTRACTOR, and if applicable subcontractors,
shall cooperate with and assist the AGENCY or it's designee in offering
employment, at the sole discretion of the AGENCY, to any or all
CONTRACTOR employees (and to any or all employees of
CONTRACTOR's subcontractors) that are substantially involved in the
provision of services whether such offers are made at the time of, after, or
in anticipation of expiration or termination of the Agreement.
C.
Preparation for Disentanqlement
Maintenance of Assets - CONTRACTOR shall maintain AGENCY-owned
equipment, and other assets utilized in providing services to the AGENCY, in
good condition and in such locations and configurations as to be readily
Pro Forma Contract
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identifiable and transferable back to the AGENCY or its designees in accordance
with the provisions of this Agreement.
VI.
PERFORMANCE SURETY
A performance surety is required during the period of this Agreement.
Before the Agreement between the CONTRACTOR and the AGENCY shall be valid or binding
against the AGENCY, the CONTRACTOR shall enter into a joint and several Bond with the
AGENCY for the use of said AGENCY, which bond shall be signed by the CONTRACTOR in
two or more good and sufficient sureties, or with a surety company as surety, and shall be in the
amount of five hundred thousand dollars ($500,000) in which said bond shall at all times be kept
in full force and effect. An irrevocable letter of credit from a bank in the required amount is also
acceptable. Fifty thousand dollars ($50,000) of the bond (or irrevocable letter of credit) shall be
continued at the end of this Agreement to satisfy the requirements of Article V, D. 3, above.
The condition of the Bond or irrevocable letter of credit shall be that the CONTRACTOR shall
fully and faithfully perform all conditions of the Agreement and these specifications.
If it is determined by the AGENCY that the CONTRACTOR has substantially failed to truly keep
and perform the covenants, conditions and agreements this Agreement, and any amendments
thereto made as herein provided, then the AGENCY may require the surety to perform.
The AGENCY shall notify the Surety and give the Surety a reasonable opportunity to perform. If
the Surety fails to perform, the AGENCY shall perform and assess the Surety on its Bond for the
cost of such performance. Cost of such performance includes the costs of all labor and
equipment reasonably necessary to perform the work in CONTRACTOR's absence.
The performance bond or irrevocable letter of Credit shall take effect July 1, 2002, and remain in
full force and effect throughout the duration of this Agreement. The performance bond or
irrevocable letter of credit submitted at the beginning of this Agreement shall cover a term of no
less than one year. CONTRACTOR must renew bond or irrevocable letter of credit throughout
the term of this Agreement. Any bond or irrevocable letter of credit that expires within the period
of this Agreement shall be renewed within 14 days prior to its expiration. If a new or renewed
bond or irrevocable letter of credit is not received by AGENCY within 14 days of the expiration
date of the bond or irrevocable letter of credit being used to satisfy the requirements of this
section, AGENCY shall assess liquidated damages against CONTRACTOR in the amount of
$100 per day until received by AGENCY. Failure to have bond or irrevocable letter of credit
kept in full force and effect shall be cause for termination of this Agreement.
AGENCY shall reimburse CONTRACTOR for the actual yearly cost of the performance bond or
irrevocable letter of credit. AGENCY shall have the right to reduce the amount of the required
bond, or waive the requirement for a bond, at its sole discretion.
VII.
LIQUIDATED DAMAGES
From the nature of the services to be rendered, the CONTRACTOR and the AGENCY agree
that it is extremely difficult to fix actual damages which may result from failure on the part of the
CONTRACTOR to perform any of its obligations herein and the resulting loss to the AGENCY.
Pro Forma Contract
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Therefore, both parties agree that the CONTRACTOR's liability should be limited to, and fixed
at, the sums stated in the charts included in Exhibit A ("Scope of Work"), Articles 13 and 14, as
liquidated damages and not as penalty. These liquidated damages may be deducted
automatically by the AGENCY from CONTRACTOR inyoices. The decision of the AGENCY, or
its designated representative, is final with respect to any assessment of liquidated damages.
The AGENCY, or designated representative may rely on information supplied by
CONTRACTOR, by the public, or by staff, as well as by other means in determining assessment
of liquidated damages.
In addition to the specific items and estimated sums of actual damages presented in Exhibit A
as liquidated damages, AGENCY may, at its discretion, assess the actual damage caused by
the breach as its remedy, and obtain this remedy through set-off against CONTRACTOR or any
other appropriate procedure.
Failure of AGENCY to assert any right which it has under this agreement, or to assess any
liquidated damage as provided herein, shall not act as a waiver to AGENCY's right to enforce
the provisions of this agreement, or assess liquidated damages in the future, except as
specified herein.
The assessment of liquidated damages and/or deductions as provided under this agreement
shall in no way relieve the CONTRACTOR of its obligation to provide sufficient service, vehicles,
or drivers, or to meet any of the terms of this agreement.
VIII.
INDEMNITY
Except as may be provided otherwise in the Agreement, CONTRACTOR shall indemnify,
defend and hold harmless nthe AGENCY (City of Chula Vista), the Metropolitan Transit
Development Board (MTDB), San Diego Transit Corporation (SDTC), San Diego Trolley, Inc.
(SDTI), San Diego and Arizona Eastern (SD&AE) Railway, San Diego and Imperial Valley
(SD&IV) Railroad, the County of San Diego (County), and National City" their officers, agents
and employees from any and all claims, demands, loss, litigation, or liability of any kinds or
nature whether real or alleged which the City of Chula Vista, MTDB, SDTC, SDTl, SD&AE,
SD&IV, County, and National City, their officers, agents, and employees may sustain or incur, or
which may be imposed upon them, or any of them, for any acts or omissions by
CONTRACTOR, its officers, agents, or employees arising out of or in any way connected with
the performance of work under this Agreement. CONTRACTOR shall have no obligation to
defend or indemnify the City of Chula Vista, MTDB, SDTC, SDTI, SD&AE, SD&IV, County, and
National City for such injury or harm that may be caused solely or exclusively by fault,
negligence, or willful misconduct of the City of Chula Vista, MTDB, SDTC, SDTI, SD&AE,
SD&IV, County, and National City, or their agents or employees.
Ix.
INSURANCE
Without limiting CONTRACTOR's indemnification obligations to AGENCY, CONTRACTOR shall
provide and maintain, during the duration of this Agreement and for such other period as may
be required herein, at its sole expense, insurance in the amounts and form described below.
A.
Required General Liability Insurance Coveraqe - CONTRACTOR shall procure
either Comprehensive General Liability Insurance or Commercial General
Pro Forma Contract
8-18
g.
h.
i.
j.
Liability Insurance in the amounts and form set forth below:
Comprehensive General Liability Insurance - A policy of Comprehensive General
Liability Insurance with a combined single limit (CSL) per occurrence of not less
than fifteen million dollars ($15,000,000) per occurrence;
Required General Liability Policy Coveraqe- Any general liability policy provided
by CONTRACTOR hereunder shall include the following coyerage:
a.
Premises and Operations
b.
Products/Completed Operations
c.
Contractual Liability expressly including liability assumed under the
Agreement
d.
Personal Injury Liability
e.
Independent contractors Liability
f.
Severability of Interest clause providing that the coverage applies
separately to each insured, except with respect to the limits of liability,
and that an act or omission by one of the named insureds shall not
reduce or avoid coverage to the other named insureds.
OR
Commercial General Liability Insurance - A policy of Commercial General
Liability Insurance which provides limits of not less than:
Per Occurrence:
General Aggregate:
Products/Completed Operations:
Personal & Advertising Injury limit:
$15,000,000
$15,000,000
$15,000,000
$15,000,000
For either type of insurance, deductibles shall be declared to and approved by
the AGENCY's Risk Manager. All general liability insurance requested hereunder
must be based upon "occurrence" policy and any "claims made" coverage is not
acceptable.
Additional Insured Endorsement - Any general liability policy provided by
CONTRACTOR hereunder shall contain an endorsement which applies its
coverage to the AGENCY, the members of the Board of the AGENCY and the
officers, agents, employees and volunteers of the AGENCY, individually and
collectively, as additional insureds.
Primary Insurance Endorsement - The coverage afforded by the additional
insured endorsement described above shall apply as primary insurance, and any
other insurance maintained by the AGENCY, the members of the Board of the
AGENCY, or its officers, agents, employees and volunteers, or any AGENCY
Pro Forma Contract
-~--------_..
B-19
self-funded program, shall be excess only and not contributing with such
coverage.
Form of General Liability Insurance Policies - All general liability policies shall be
written to apply to all bodily injury, including death and personal injury, and shall
also apply to property damage and other covered loss, however occasioned,
occurring during the policy term, and shall specifically insure the performance by
CONTRACTOR of that part of the indemnity agreement contained in the
Agreement relating to liability for injury to or death of persons and damage to
property. If the coverage contains one or more aggregate limits, a minimum of
50 percent of any such aggregate limit must remain available at all times. If over
50 percent of any aggregate limit has been paid or reserved, AGENCY may
require additional coverage to be purchased by CONTRACTOR to restore the
required limits. CONTRACTOR may combine primary, umbrella and as broad as
possible excess liability coverage to achieve the total limits indicated above. Any
umbrella or excess liability policy shall include the Additional Insured
Endorsement described above. CONTRACTOR shall carry such other insurance
as may be required by law.
B.
Property Insurance - CONTRACTOR shall procure property insurance for
Maxwell Maintenance Facility (MMF) including all equipment and other contents
owned, leased, rented or used by CONTRACTOR. Such insurance maintained
by CONTRACTOR will provide nAil Risk" coverage for replacement cost and will
contain a waiver of subrogation in favor of the City of Chula Vista.
CONTRACTOR shall also obtain property insurance for the premises including
buildings and contents for 1800 Maxwell Drive, Chula Vista, CA, 91911. Property
must be insured to value without application of any co-insurance penalty.
C.
Comprehensive Automobile Liability Insurance - CONTRACTOR shall procure
Comprehensive Automobile Liability Insurance written for bodily injury, including
death, and property damage, however occasioned, occurring during the policy
term, in the amount of not less than fifteen million dollars ($15,000,000),
combined single limit per occurrence, applicable to all owned, non-owned and
hired vehicles.
D.
Automobile Physical Damaqe - CONTRACTOR is responsible for physical
damage loss to vehicles. Such coverage shall include coverage for loss resulting
from Collision, Specified Perils including fire, lightning, explosion, theft,
vandalism and mischief and loss resulting from maintenance and repair of
vehicles. Any losses shall be adjusted on an Actual Cash Value basis. The City
of Chula Vista will be named as Loss Payable.
E.
Statutorv Workers' Compensation and Employer's Liability Insurance -
CONTRACTOR shall maintain a policy of California Workers' Compensation
coverage in the statutory amount and Employer's Liability coverage for no less
than one million dollars ($1,000,000) per occurrence for all employees of
CONTRACTOR engaged in services or operations under the Agreement.
Coverage shall include a waiver of subrogation in favor of AGENCY, a copy of
which shall be provided to the AGENCY.
Pro Forma Contract
8-20
F.
Subcontractors' Insurance - CONTRACTOR shall make certain that any and all
Subcontractors hired by CONTRACTOR are insured in accordance with this
Agreement. If any Subcontractor's coverage does not comply with the foregoing
proYisions, CONTRACTOR shall indemnify and hold AGENCY harmless of and
from any damage, loss, cost or expense, including attorneys' fees, incurred by
AGENCY as a result thereof.
G.
General Provisions
Additional Insureds - Any and all insurance policies of CONTRACTOR (including,
but not limited to, Comprehensive General Liability Insurance and/or Commercial
General Liability Insurance, Workers' Compensation and Employer's Liability
Insurance, Automobile Liability and Physical Damage Insurance, and
Subcontractors' Insurance) and their documents, endorsements, attachments,
addenda, and renewals shall name the City of Chula Vista, Metropolitan Transit
Development Board (MTDB), San Diego Transit Corporation (SDTC), San Diego
Trolley, Inc. (SDTI), San Diego and Arizona Eastern (SD&AE) Railway, San
Diego and Imperial Valley (SD&IV) Railroad, the County of San Diego, and
National City, and their directors, officers, agents, and employees as additional
insureds.
Evidence of Insurance - CONTRACTOR shall, as soon as practicable following
the placement of insurance required hereunder, but in no event later than the
effective date of the Agreement, deliver to AGENCY certificates of insurance
evidencing the same, together with appropriate separate endorsements,
evidencing that CONTRACTOR has obtained such coverage for the period of the
Agreement. CONTRACTOR shall deliver certified copies of the actual insurance
policies specified herein, within thirty days after commencement of work.
Thereafter, copies of renewal policies, or certificates and appropriate separate
endorsements thereof, shall be delivered to AGENCY within ten (10) days prior
to the expiration of the term of any policy required herein. CONTRACTOR shall
permit AGENCY at all reasonable times to inspect any policies of insurance of
CONTRACTOR which CONTRACTOR has not delivered to AGENCY.
Failure to Obtain or Maintain Insurance; AGENCY's Remedies -
CONTRACTOR's failure to procure the insurance specified herein, or failure to
deliver certified copies or appropriate certificates of such insurance, or failure to
make the premium payments required by such insurance, shall constitute a
material breach of the Agreement, and AGENCY may, at its option, terminate the
Agreement for any such default by CONTRACTOR.
No Limitation of Obliqations - The foregoing requirements as to the types and
limits of insurance coverage to be maintained by the CONTRACTOR, and any
approval of said insurance by the AGENCY or its insurance CONTRACTOR(s),
are not intended to and shall not in any manner limit or qualify the liabilities and
obligations otherwise assumed by the CONTRACTOR pursuant to the
Agreement, including, but not limited to, the provisions concerning
indemnification.
Notice of Cancellation or Chanqe of Coveraqe - All certificates of insurance
provided by CONTRACTOR must evidence that the insurer providing the policy
Pro Forma Contract
8-21
will give AGENCY thirty (30) days' written notice, at the address shown in the
section of the Agreement entitled "Notices," in advance of any cancellation,
lapse, reduction or other adverse change respecting such insurance.
Primary Insurance - CONTRACTOR agrees that all general liability coverages
required under this section are PRIMARY insurance and that any insurance of
the City of Chula Vista, MTDB, SDTI, SD&AE, SD&IV, SDTC, County of San
Diego, and National City shall be excess and noncontributory.
Qualifvinq Insurers - All policies of insurance required hereby shall be issued by
companies which have been approved to do business in the State of California
by the State Department of Insurance, and which hold a current policy holder's
alphabetic and financial size category rating of not less than A-, VII according to
the current Best's Key Rating Guide, or a company of equal financial stability that
is approved in writing by AGENCY's Risk Manager.
Review of Coveraqe - AGENCY shall retain the right at any time to review the
coverage, form and amount of insurance required herein and may require
CONTRACTOR to obtain insurance reasonably sufficient in coverage, form and
amount to provide adequate protection against the kind and extent of risk which
exists at the time a change in insurance is required.
Self-Insurance - CONTRACTOR may, with the prior written consent of
AGENCY's Risk Manager, fulfill some or all or the insurance requirements
contained in the Agreement under a plan of self-insurance. CONTRACTOR shall
only be permitted to utilize such self-insurance, however, if, in the opinion of
AGENCY's Risk Manager, CONTRACTOR's (a) net worth, and (b) reserves for
payment of claims of liability against CONTRACTOR, are sufficient to adequately
compensate for the lack of other insurance coverage required by the Agreement.
CONTRACTOR's utilization of self-insurance shall not in any way limit liabilities
assumed by CONTRACTOR under the Agreement.
Waiver of Subroqation - CONTRACTOR and AGENCY release each other, and
their respective authorized representatives, from any insurance carried by
AGENCY or CONTRACTOR other than any self-insurance, covers any such
claim or damage. Included in any policy or policies of insurance provided by
CONTRACTOR hereunder shall be a standard waiver of rights of subrogation
against AGENCY by the insurance company issuing said policy or policies.
Term of Insurance Coveraqe - All CONTRACTOR insurance policies shall take
effect upon occupancy of any facility, or portion thereof, used in the performance
of this Agreement, including, but not limited to, property at 1800 Maxwell Drive,
Chula Vista, CA 91911. This shall include any time period in which
CONTRACTOR employees, subcontractors, or are being trained or used for
implementation or disentanglement, whether or not this period is included in the
base term of this Agreement.
All insurance coverages shall become effective and in full force no later than April
1, 2002, or whenever AGENCY-owned vehicles are operated by CONTRACTOR
in the performance of this Agreement, whichever is sooner. All coyerages
Pro Forma Contract
8-22
required shall remain in full force and effect through the entire term of this
Agreement.
x.
TERMS OF AGREEMENT
A.
Base Term
This Agreement shall become effective upon execution, and CONTRACTOR shall
provide scheduled services during the period of July 1, 2002, through June 30, 2007.
This Agreement shall continue in full force and effect until June 30, 2007, unless
terminated earlier as herein provided.
B.
Carryover Term
In consideration of the herein Agreement, CONTRACTOR grants to the AGENCY the
below carryover options, exercisable in writing solely by the AGENCY's representative,
the AGENCY, or its designated representative. The AGENCY shall have the option to
extend the service provided by CONTRACTOR under this Agreement for up to six
consecutive one-month periods after the base term. If the AGENCY desires to exercise
any of these carry-over months, the AGENCY shall notify CONTRACTOR of its intent at
least 30 calendar days before the carry-over month is to begin.
Compensation related to such carryover period(s) shall be the same
compensation as for the most recent rate prior to the carryover period.
XI.
REPRESENTATIVES OF AGENCY AND CONTRACTOR
A.
The AGENCY Transit Coordinator or his designated representative shall
represent AGENCY in all matters pertaining to this Agreement and shall
administer this Agreement on behalf of AGENCY. The AGENCY Transit
Coordinator or his designated representative shall be the technical representative
for this agreement.
B.
CONTRACTOR's Responsible Management IndiYidual shall represent
CONTRACTOR in all matters pertaining to this Agreement on behalf of
CONTRACTOR. CONTRACTOR's On-Site (Project) Manager shall be the
technical representative for this agreement.
XII.
NOTICE OF LABOR DISPUTE AND LABOR RELATIONS
CONTRACTOR shall have exclusive responsibility for conducting its labor relations including
negotiating its labor contracts and for establishing compensation and working conditions of its
employees. Whenever CONTRACTOR has knowledge that any actual or potential labor dispute
prevents or threatens to prevent performance under this Agreement, CONTRACTOR shall
immediately notify the AGENCY in writing and submit all relevant information to the AGENCY.
CONTRACTOR shall also notify the AGENCY of grievances and/or discrimination complaints.
AGENCY shall not have responsibility or liability for labor disputes between CONTRACTOR and
its employees.
Pro Forma Contract
8-23
AGENCY shall require CONTRACTOR to set driver wage levels and minimum benefits (in dollar
amounts) in accordance with MTDB Policy No. 32 (Section 30.10) and an adopted minimum
wage and benefit schedule in Exhibit A (Scope of Work).
XIII.
INTERRUPTION OF SERVICE AND PERFORMANCE
The parties to this Agreement shall be excused from performance hereunder during the time
and to the extent that they are prevented from obtaining or performing the service by act of fire,
flood, act of God, fuel unavailability, strike, loss or shortage of transportation facilities (excluding
breakdowns); commandeering of material products, plants, or facilities by the government; when
satisfactory evidence thereof is presented to the other party and provided further that such
nonperformance is not due to the default or negligence of the party nonperforming.
In the event that portions of all of the bus service required under this Agreement can not be
operated by CONTRACTOR for any reason, the AGENCY, at the sole discretion of the Transit
Coordinator or appropriate designated representative, may make an arrangement with other
transit operators for the provision of all or part of the transit service the AGENCY deems
necessary.
XIV.
INDEPENDENT CONTRACTOR
CONTRACTOR's relationship to the AGENCY in the performance of this Agreement is that of
an independent contractor. The personnel performing services under this Agreement shall at all
times be under CONTRACTOR's exclusive direction and control and shall be employees of
CONTRACTOR and not employees of the AGENCY. CONTRACTOR shall pay all wages,
salaries, and other amounts due its employees in connection with this Agreement and shall be
responsible for all reports and obligations respecting them, such as social security, income tax
withholding, unemployment compensation, worker's compensation, and similar matters.
CONTRACTOR shall insert the substance of this entire clause in any subcontract hereunder as
to which a labor dispute may delay the Agreement. However, any subcontractor need give
notice and information only to its next higher-tier subcontractor. CONTRACTOR shall supply
the AGENCY with one copy of all existing relevant labor contracts.
XV.
COMPLETE AGREEMENT
This Agreement and the attachments and documents incorporated herein constitute the
complete and exclusive statement of the terms of the Agreement between the AGENCY and
CONTRACTOR and it supersedes all prior representations, understandings, and
communications. The invalidity in whole or in part of any provision of this Agreement shall not
affect validity of other provisions. The AGENCY's failure to insist in anyone or more instances
upon the performance of any term or terms of this Agreement shall not be construed as a waiver
or relinquishment of the AGENCY's right to such performance or to future performance of such
a term or terms, and CONTRACTOR's obligation in respect thereto shall continue in full force
and effect. Changes hereto shall not be binding upon the AGENCY except when specifically
confirmed in writing by the representative of the AGENCY. The issuance of information, advice,
approvals, or instructions by the AGENCY's technical personnel or other representatives shall
Pro Forma Contract
B-24
be deemed expressions of personal opinions only, and shall not affect AGENCY's and
CONTRACTOR's rights and obligations hereunder.
XVI.
SEVERABILITY
Should any part of this Agreement be held to be invalid by a court of competent jurisdiction, the
remainder of the Agreement shall be considered as the whole Agreement and be binding on the
contracting parties.
XVII. PRECEDENCE
Conflicting provisions hereof, if any, shall prevail in the following descending order of
precedence:
H.
I.
J.
the provisions in Articles I through XVII of this Agreement;
the exhibit, attachments, and enclosure(s) of this Agreement;
CONTRACTOR's technical proposal.
VIII.
NOTICE
Any notice or notices required or permitted to be given pursuant may be personally served on
the other party by the party giving such notice, or may be served by certified mail, return receipt
requested, to the addresses set forth hereunder:
AGENCY
CONTRACTOR
City Of Chula Vista - Chula Vista Transit
Attn: Andres Trujillo, Transit Coordinator
1800 Maxwell Road
Chula Vista, CA 91911
Company
Attention
Address
City, State, Zip
Pro Forma Contract
B-25
SIGNATURE PAGE
IN WITNESS WHEREOF, the City of Chula Vista and CONTRACTOR have executed this
Agreement thereby indication that they have read and understood same, and indicate their full
and complete consent to its terms:
Dated:
CITY OF CHULA VISTA
By:
Shirley Horton, Mayor
Attest:
Susan Bigelow, City Clerk
APPROVED AS TO FORM:
By:
John Kaheny, City Attorney
Dated:
CONTRACTOR
By:
Name of Person, Title
Dated:
CVT Pro Forma Contract 11-14-01.JCODLlNG.DOC
Attachment: Exhibit A, Scope of Work
Pro Forma Contract
8-26
CVT
FIXED-ROUTE BUS SERVICES
SECTION B, EXHIBIT A: SCOPE OF WORK
EXHIBIT A
SCOPE OF WORK
CVT FIXED-ROUTE BUS SERVICES
1.
SCOPE OF SERVICES
This project is to operate and maintain 37 AGENCY-provided buses on twelve (12) fixed-route public
transit routes in the City of Chulá Vista, National City, and the County of San Diego. All 37 buses will be
assigned to and operated from the AGENCY-owned Maxwell Maintenance Facility (MMF) in Chula
Vista, CA. This Scope of Work shall apply to all services operated under this Agreement. Additional
buses may be provided by AGENCY over the term of the agreement.
Service covered by this Agreement is operated every day of the year except Thanksgiving Day,
Christmas Day, and New Years Day, with reduced service on Saturdays, Sundays, and other Holidays.
Service characteristics for all routes, including peak equipment pull-out requirements, are included in
ATTACHMENT #1. ATTACHMENT #2 (Buses and Other Equipment) provides technical details on the
AGENCY-supplied buses and equipment.
2.
PROJECT ORGANIZATION
2.1.
CONTRACTOR'S responsibilities shall include but not be limited to:
2.1.1. Meeting all operations and maintenance requirements established by AGENCY
in this Agreement.
2.1.2. Completely operating and managing the CVT fixed-route transit services
described in this agreement.
2.1.3. Providing Maxwell Maintenance Facility maintenance as identified in
ATTACHMENT #7, including, but not limited to, routine building upkeep and
repairs, and yard and building cleaning. No major tenant improvements will be
required of CONTRACTOR.
2.1.4. Maintaining all vehicles and related equipment provided by the AGENCY or
otherwise used in the fulfillment of this agreement, including revenue and non-
revenue vehicles, wheelchair lifts, and maintenance equipment.
2.1.5. Maintaining sufficient inventories of parts, materials, and supplies for the
operation and required maintenance of all vehicles and equipment.
2.1.6. Providing all personnel having management, operations, and maintenance
expertise necessary to operate the system, including experience with
compressed natural gas-fueled vehicles.
2.1.7. Operational and maintenance training and supervision.
-2-
2.2.
2.1.8. Fare and fare media collection and handling, and accounting for all fare revenues
received.
2.1.9. Personnel administration, including hiring, supervising, evaluating, promoting,
and terminating employees, and coliectiYe bargaining negotiations.
CONTRACTOR is also responsible for the preparation and implementation of an
Injury and Illness Prevention Program, as required by the California Occupational
Safety and Health Administration (OSHA).
2.1.10. Assisting AGENCY in system marketing efforts, including making buses available
for display, and posting notices and system information on bus interiors when
requested.
2.1.11. Providing customer telephone information (including dedicated customer service
telephone line), making every attempt to resolve complaints with customers, and
providing a written response to complaints and inquiries as necessary.
2.1.12. Scheduling and dispatching drivers and vehicles, including driver runcutting and
assignments.
2.1.13. Assisting AGENCY to gather scheduling and running time data and other tasks
related to route performance improvements and timetable scheduling.
2.1.14. Preparing all operating and financial reports on-time and in the prescribed
formats.
2.1.15. Posting temporary bus stop information, including 'A-frames' and temporary
signs, in the event of temporary bus stop closure or damage. Once the route or
bus stop is back on normal routing or back in service, CONTRACTOR must
remove all temporary notices or 'A-frames' immediately (20 minutes maximum).
2.1.16. Negotiating, executing, and overseeing all subcontracts for equipment,
personnel, or services as required to fulfill the prime contract, including obtaining
AGENCY approval for all such contracts.
2.1.17. CONTRACTOR management staff shall attend at least 12 formal staff meetings
with AGENCY per year, and other informal meetings as required. During the
start-up phase of this Agreement (approximately March 1, 2002 through August
1, 2002), CONTRACTOR's management staff will be required to participate in
weekly meetings with AGENCY staff.
2.1.18. Maintaining AGENCY-provided radio system, including maintenance of
hardware, signing of an operating agreement with a radio communication service
designated by AGENCY, and paying for all radio service.
2.1.19. Providing all equipment as identified in Section 5 of ATTACHMENT #2.
AGENCY'S responsibilities will be:
2.2.1. Establishing operations and maintenance requirements for CONTRACTOR.
-3-
3.
2.2.2. Supplying transit buses, facility, and related equipment as specified herein.
2.2.3. Providing CNG fueling station and diesel fuel storage and delivery system.
2.2.4. Supplying maintenance, operations, and yehicle storage facility, property, and
basic structure.
2.2.5. Ongoing service planning and route timetable scheduling.
2.2.6. Establishing fare policies and fare structure, including transfer agreements.
2.2.7. Performing overall marketing of the services (including printing of public
timetables).
2.2.8. Providing payments to CONTRACTOR per Agreement.
2.2.9. Administration and monitoring of Agreement.
2.2.10. Determining compliance with Agreement requirements and assessing
performance bonuses or liquidated damages as specified herein.
2.2.11. Permanent bus stop sign and facilities installation and maintenance.
2.2.12. Providing base station and bus radio hardware for radio communication system.
2.2.13. Providing all equipment as identified in Section 40f ATTACHMENT #2.
SYSTEM OPERATION
3.1.
3.2.
3.3.
CONTRACTOR shall operate the system in compliance with AGENCY operating policies
and local, state, and federal laws and regulations applicable to this service.
CONTRACTOR's preparation for this public transit service shall comprise those tasks
required to make the system operational by July 1, 2002, including, but not limited to, an
initial employee training and safety program and route and service area familiarization.
CONTRACTOR's services hereunder shall include, but shall not be limited to, the
following: day-to-day operation of the service, including executive and administrative
management; providing non-revenue vehicles specified; employment, supervision, and
training of all personnel (including drivers, dispatchers, supervisors, clerks, and
maintenance personnel); provide for backup/extra board drivers who will be immediately
available in the absence of regular drivers; maintenance and repair of equipment;
manage component warranty and tracking system; negotiation and administration of
subcontracts; assist AGENCY in public relations and promotions, preparation of
budgets, analysis, and reports of financial and other matters pertaining to the system
operation; clerical, statistical, and bookkeeping services as required in this Agreement;
and such other work as may be necessary to comply with the requirements contained
herein.
-4-
3.4.
3.5.
3.6.
3.7.
3.8.
3.9.
CONTRACTOR shall utilize existing personnel resources or recruit and hire drivers,
dispatchers, mechanics, and other such personnel as required for operations.
CONTRACTOR shall use its best effort to recruit all employees through the local media,
employment agencies, and minority aid groups.
CONTRACTOR shall test, interview, and train all successful applicants.
CONTRACTOR'S personnel wages and work hours shall be in accordance with local,
county, state, and federal regulations effecting such employment.
CONTRACTOR shall be required to utilize minimum wage and benefit requirements for
certain positions (See MTDB Policy 32 and Specific Driver Retention Plan
Requirements) unless otherwise exempt as stated in policy.
Vehicles operate a Sunday schedule on the observed day of the following designated
holidays: Memorial Day, Independence Day, and Labor Day. No service is provided on
Thanksgiving Day, Christmas Day, and New Years Day. AGENCY coordinates holiday
schedules in advance with CONTRACTOR.
CONTRACTOR shall have a telephone staffed by a qualified supervisor or employee
available for customer service calls from 5:00 a.m. -12:00 a.m. (midnight) every
weekday (except specified holidays), Saturday, Sunday, and holidays under this
Agreement. AGENCY contracts with the San Diego Regional Transit Telephone
Information service to handle most general transit information calls. However,
CONTRACTOR shall be prepared to answer information calls regarding service within
this scope of work if a customer or potential customer makes an inquiry and was unable
to access the Regional Transit Telephone Information service.
3.10. Customer service telephone number(s) must be dedicated to this service and toll-free to
service area residents. CONTRACTOR must obtain AGENCY approval of customer
service telephone numbers. AGENCY will require that CONTRACTOR relinquish
customer service telephone numbers to AGENCY upon termination of this Agreement
and make it available to the successor contractor.
3.11. CONTRACTOR'S drivers and supervisors shall report to the on-site transit manager all
hazardous road and traffic conditions (e.g., downed trees and signs, accidents) in the
service area. CONTRACTOR, in turn, shall immediately notify the appropriate
governmental authority of such conditions and shall take necessary precautions to
safeguard passengers, CONTRACTOR'S personnel, and all equipment.
3.12. CONTRACTOR shall be responsible for immediately informing AGENCY of the condition
of any bus stops requiring maintenance and of the specific problems needing to be
addressed. CONTRACTOR shall be responsible for posting temporary discontinued
notices, detours, and temporary bus stops when a bus stop is required to be
discontinued due to construction, parades, special civic events, or other circumstances.
All permanent bus stop locations shall be determined by AGENCY with input from
CONTRACTOR.
AGENCY shall perform installation and maintenance of bus stops on routes covered
within this Agreement. CONTRACTOR shall utilize field supervisors to review bus stop
-5-
conditions such that every route is field-reviewed at least once every month. Any
conditions requiring the attention of AGENCY or its designated bus stop contractor shall
be brought to the attention of AGENCY immediately.
3.13. AGENCY shall be informed of all contacts with other governmental agencies and
authorities and situations, occurrences, and conditions that call particular public attention
to the service.
3.14. AGENCY shall be informed as soon as possible (in no case more than one hour after
accident) of all accidents causing significant damage (in excess of $5,000) to property,
or significant injury (requiring hospitalization) to persons in connection with the services
provided in this Agreement, in accordance with AGENCY's emergency notification
policies. CONTRACTOR representative must speak directly to an AGENCY
representative-leaving a message shall not be considered compliant with this
Agreement.
3.15. CONTRACTOR shall provide, at a minimum, the following non-revenue vehicles to be
used exclusively for the service within this Agreement:
Maintenance service truck (1) - 2001 model year or newer.
Maintenance service truck shall be heavy-duty (one ton payload or greater)
equipped with, at a minimum: air compressor, spare wheel, wheel changing
tools, and all necessary tools and equipment required for maintenance staff to
complete en-route repairs.
Supervisor vehicles (2) - 2001 model year or newer.
At least one must be wheelchair lift/ramp equipped and fully ADA accessible.
Driver relief cars (3) - 2001 model year or newer.
All of the above vehicles shall be owned or leased by CONTRACTOR and maintained in
accordance with the manufacturers' standard preventative maintenance program.
CONTRACTOR shall be solely responsible for all costs of providing, procuring,
maintaining, operating, and insuring the above vehicles. If service miles increase above
the base amount, AGENCY shall discuss with CONTRACTOR non-revenue vehicle
needs beyond the above minimums stated. CONTRACTOR shall be responsible for
providing sufficient driver relief vehicles to operate all services specified within the
agreement and additional service as added in the future above base amounts.
All of the above vehicles shall be turned over to the AGENCY on the final day of the
contract at no cost to the AGENCY.
3.16. Schedulinq - All public timetable and headway scheduling is the responsibility of
AGENCY. AGENCY shall provide CONTRACTOR with schedules and headways for
each route, showing all trips, timepoints, layovers, total scheduled revenue miles, total
scheduled revenue hours, and total layover hours. These schedules will be provided by
AGENCY to CONTRACTOR as soon as practicable after final schedule changes are
approved by AGENCY. CONTRACTOR shall assist AGENCY with the gathering of
scheduling and running time data and other tasks related to route performance
improvements and timetable scheduling. CONTRACTOR shall be responsible for all
employee scheduling in the fulfillment of the schedule, including, but not limited to, run
cutting, rostering, driver and vehicle relief coordination, and scheduling days off.
CONTRACTOR shall also be responsible for the assignment and coordination of buses
-6-
in the fulfillment of the provided schedules based on AGENCY guidelines. Certain
vehicle types are assigned to specific routes and or headways. AGENCY shall
endeavor to work with CONTRACTOR when scheduling routes to maximize vehicle and
employee utilization when possible. With prior approyal of AGENCY, CONTRACTOR
may interline routes and/or driyer schedules (within this agreement) to maximize
efficiency. Drivers must use the numbers of vehicles as shown on the headways
provided by AGENCY. If CONTRACTOR desires to increase the recovery times or driver
breaks, it must be done using additional driyers but not additional vehicles. AGENCY
reserves the right to make minor adjustments to the 12 routes proposed for July 1, 2002
and will provide any final schedule changes, as a goal, at least 60 days prior to
implementation.
The draft schedules, assumed to represent the revenue miles included in the base
amounts for this Agreement, are provided in Section C. Schedules are provided for 12
routes for service effective July 1, 2002.
CONTRACTOR shall be responsible for complying with any federal, state, or local laws
regarding employee lunch periods or required breaks. If breaks are required beyond the
available standard recovery time provided in schedules, CONTRACTOR shall arrange at
no cost to AGENCY. AGENCY strives to provide approximately five to ten minutes of
recovery time per 50 to 60 minutes of revenue service; however, conditions may warrant
recovery time that does not always meet that goal.
3.17. Driver Restrooms - CONTRACTOR shall be responsible for all driver restrooms,
including any costs and/or coordination associated with or required for the maintenance
and/or supply of such restrooms. CONTRACTOR is responsible for maintaining and
paying for all costs associated with the provision of portable restroom facilities currently
in place at the Palomar Trolley Station. The AGENCY proYides for the maintenance and
servicing of the restroom facility at the Bayfront/E Street Transit Center.
3.18
Dispatchinq and Radio - The operations center typically includes one radio/dispatcher
on-duty at all times that handles drivers reporting to and leaving work; handles customer
service calls, and radio communications. The operations center is open 24 hours per day
seven days per week. AGENCY requires one full-time radio/dispatching operator to
cover morning, afternoon, and evening shifts daily. Radio system is provided by
AGENCY utilizing a Motorola dispatching and radio system. There is currently no
automated dispatching capability and the system does not require computer system
infrastructure.
The dispatchers and radio operators maintain operations activity logs in Microsoft Excel
spreadsheet format on a computer terminal to log in the following:
All wheelchair boarding and alighting locations, routes and time, and any incidents of
failed lift, failure to be able to board due to full tie-down positions or other incidents;
All bicycle boarding and alighting locations, routes and time, and any incidents of
failed bike rack, or failure to be able to board due to full bike racks or other incidents;
Missed service;
Roadcalls (with assistance from maintenance department): and
Customer service calls
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3.19
3.20
3.21
3.22
3.23
Bicycle/Wheelchair Lift/Ramp Boardinqs and Aliqhtinqs - Each bus operator shall call in
to dispatch bike boardings during his shift. CONTRACTOR shall report bike boardings
on monthly basis. Wheelchair lift boardings and alightings shall be reported at each
instance yia radio to the dispatcher or radio operator. WC lift/ramp report shall include
location of boarding and alighting passenger, route number and time of day. Driver may
report both boarding and alighting location if known at the initial radio contact.
Wheelchair Lift/Ramp Procedures - CONTRACTOR shall have in place operating
procedures whereby drivers are able to test and cycle a wheelchair lift or ramp upon
pullout from the yard. Lift or ramp shall be tested in the yard, prior to departure so that if
a lift is inoperative a bus may be switched for one with a working lift.
Field Supervision - Field supervisors shall be scheduled so that there is at least one field
supervisor covering all times of the span of service. It is required that at least two field
supervisors be in the field during morning and afternoon peak periods on weekdays.
There will be a requirement that one of the two peak supervisors be on-duty and
assigned to H Street Trolley Station from 6 a.m. till 9 a.m. and from 2 p.m. till 6 p.m. to
coordinate bus operations. The supervisor shall be radio equipped and monitor bus
arrivals and departures. The H Street Trolley Station supervisor shall also assist
customers with information inquiries and be fully present most of the time on the bus
platform area.
Each field supervisor is required to take at least 25 on-time performance checks weekly
and submit to the CONTRACTOR operations manager. Supervisor on-time
performance checks shall be made available to the AGENCY upon request. Field
supervisors are also required to conduct field bus stop inspections and may assist
CONTRACTOR in performing quarterly driver ride checks.
Special Events - CONTRACTOR is required to coordinate operations adjustments for
special City supported and/or City sponsored events. AGENCY may provide a printed
"Take One" to be placed on vehicles for customers notifying them of major events or
detours related to such major events. For minor events or where insufficient time is
provided CONTRACTOR shall coordinate with AGENCY on detours by providing an e-
mail or hard copy of the detour to the AGENCY representative. CONTRACTOR is
responsible for notifying the Regional Transit Information Office (RTIO) for any detours
or unusual circumstances related to special events that can assist the RTIO operators in
assisting customers.
CONTRACTOR is responsible for placing notices of closed bus stops, establishing
temporary stops (if necessary) utilizing temporary "A"-frame bus stop signs provided by
AGENCY, and staffing the special events with personnel to monitor and supervise bus
operations. Some events may require multiple supervisors to effectively monitor and
supervise operations.
CNG Fuelinq Impacts on Operations - There may be long schedules that could require
relief drivers to take out buses in middle of day. These schedules may require two to
three shifts. It may be required that some buses are fueled with CNG during the middle
of day during mid-day reliefs. This is more critical in summer months when CNG fuel
consumption is higher due to air conditioning use.
-8-
3.24
3.25
3.26
Video Surveillance Cameras Operatino Responsibilities - Video surveillance cameras
may be utilized on future years of this contract. The details of the surveillance system
operations shall be addressed between the AGENCY and the CONTRACTOR at time of
implementation.
Paper Transfers - CONTRACTOR is required to store paper transfers in a secured area.
Paper transfers are date and day stamped. Transfers must be issued in a controlled
manner. Transfers packs are currently allocated to each driver in a bus pouch each
morning (or afternoon) with the daily trip cards. Transfers are controlled by the
operations department. Each night or following morning used and unused transfer
packs are counted and tabulated for submittal to AGENCY. Transfers are serial number
coded to each transit operator. Unused packs or incomplete packs are deposited in a
secure to be shredded boxes located at the Maxwell Maintenance Facility (MMF). It is
CONTRACTOR's responsibility to take full control of the paper transfers security,
distribution, and accounting.
Start-Up Transition and Implementation
3.26.1
AGENCY will provide vehicles similar to or the same as those to be used under
this Agreement in the types and quantities described in ATTACHMENT #2. All
buses shall be returned to incumbent contractor for maintenance. Regular and
preventative maintenance on all buses shall remain the responsibility of the
incumbent contractor. Any physical or mechanical damage sustained to the
buses during the transition period shall be reimbursed to incumbent contractor by
CONTRACTOR. AGENCY will be the final arbitrator of any dispute.
CONTRACTOR shall endeavor to minimize damage and malfunction of buses
and work cooperatively with incumbent contractor to schedule maintenance and
repairs. (CONTRACTOR shall reimburse existing contractor for maintenance on
AGENCY vehicles used for start-up training miles). All fueling of transition
vehicles will be provided by AGENCY and shall be performed by existing
contractor. AGENCY will coordinate schedule and timing of fueling. All fuel for
AGENCY-proYided vehicles will be paid for by AGENCY. CONTRACTOR is
responsible for fuel, maintenance, and other vehicle related costs of additional
vehicles provided by CONTRACTOR for CONTRACTOR start-up training.
3.26.2 Any activity associated with the start-up of this project will require that the
CONTRACTOR be fully insured in the types and amounts required in this
contract at all times, as shown in the Pro-Forma Contract.
3.26.3 CONTRACTOR shall provide a detailed training schedule to AGENCY when
requested showing how all of the existing and new drivers necessary to carry out
full operations shall be trained by July 1, 2002. CONTRACTOR will be required
to coordinate with existing contractor so that existing drivers will have sufficient
time for training on off days. Each existing driver must be provided at least the
minimum skill levels and training activities detailed in Attachment No.5 or
CONTRACTOR may be subject to liquidated damages as detailed in Section 14
of the Scope of Work.
3.26.4 CONTRACTOR shall provide a detailed training schedule to AGENCY when
requested showing how new mechanics and operations staff shall be trained by
July 1, 2002. At a minimum, all maintenance and key operating staff must
-9-
4.
4.2.
4.3.
4.4.
complete all Maxwell Maintenance Facility-specific CNG safety training by June
15,2002.
KEY PERSONNEL
4.1.
Responsible Manaqement Individual
A senior Responsible Management Individual of CONTRACTOR shall be assigned to
this project. This employee shall be available to AGENCY at all times, either by
telephone or in person, to make decisions or provide coordination as necessary. The
senior Responsible Management Individual must have five or more years of recent and
releyant experience managing all aspects of a public transit service similar in scope and
complexity to the services herein described. This employee must work an average of
8 hours per week managing this public transit service (0.2 FTE).
On-Site Manaqer (Proiect Manaqer)
General management and management oversight of the day-to-day operations of the
transit system shall be vested in the CONTRACTOR's full time On-Site Manager. The
On-Site Manager will be responsible for all employees and all services in connection
with the transit system with the exception of the Responsible Management Individual.
This employee must work at least 40 hours per week managing this public transit
service. The On-Site Manager must have a minimum of five years' experience
managing regularly scheduled fixed-route transit service similar in scope and complexity
to the services herein described. This position must be based at the Maxwell
Maintenance Facility (MMF).
Assistant On-Site Manaqer (Operations Manaqer)
Management of the day-to-day operations of the transit system shall be vested in the
CONTRACTOR'S full time Assistant On-Site Manager. This employee must work at
least 40 hours per week managing this public transit service. The Assistant On-Site
Manager must have a minimum of two years' experience managing in a regularly
scheduled fixed-route transit service. This position must be based at the Maxwell
Maintenance Facility (MMF).
On-Site Fleet Maintenance Manaqer
Management of all bus maintenance activities associated with this project shall be
vested in the CONTRACTOR'S full-time On-Site Fleet Maintenance Manager. This
person must work at least 40 hours per week managing and supervising the
maintenance activities associated with this project. The On-Site Fleet Maintenance
Manager must have a minimum of five years' experience managing maintenance
functions of a heavy-duty transit shop (35'-40' coaches), and two years managing
maintenance functions of a compressed natural gas and/or liquid natural gas shop,
similar in size and complexity to the services herein described.
This management individual's experience must include responsibility for all functions of
the maintenance shop including managing mechanics, and lead mechanics,
responsibility for budgeting, spare parts inventory, scheduling, quality control, and
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4.5
4.7
decision making. For the purpose of determining the qualifications of a candidate for this
position, experience as a lead shop foreman, management maintenance analyst, or
other position that does include all of the responsibilities listed above, shall be
considered sufficient experience if detailed sufficiently in the proposal. This position
must be based at the Maxwell Maintenance Facility (MMF).
Safety Supervisors/Driver Trainers
CONTRACTOR must designate, in writing, one full-time employee as Safety
Supervisor/Driver Trainer. This individual must work 40 hours per week each, providing
driver training and vehicle and facility safety supervision for this project. Any fieldwork or
road supervision duties shall be limited to safety issues and driver training applications.
This individual shall be an experienced driving instructor who is certified and licensed to
conduct classroom, behind-the-wheel, and in-service instruction with either: (1) State of
California, Department of Education school bus driver instructor's certificate; or (2)
Transportation Safety Institute (U.S. Department of Transportation) Transit Trainer's
certificate. The Safety Supervisor/Driver Trainer must have State of California
Department of Motor Vehicles approval to certify California Class B Commercial Driver's
Licenses (CDL) with Air Brakes and Passenger endorsements. This person must be
National Safety Council Defensive Driving Instructors or equivalent. This person must
have at least one year of experience training fixed-route bus drivers using full-size (35'-
40' long) transit coaches. The Safety Supervisor/Driver Trainer must be based at the
Maxwell Maintenance Facility (MMF) and responsible for:
.
Managing a quarterly driver performance review program;
Overseeing all employee training programs for drivers, dispatchers, road
supervisors, and mechanics (where applicable), including classroom, behind-the-
wheel, in-service, annual, and refresher training;
Managing the state Pull-Notice Program;
Coordinating all employee drug and alcohol testing in accordance with state and
federal law;
Coordination for California Highway Patrol, (other) state, federal, and AGENCY
inspections of driver training and other operational and employee records;
Supervising all assigned driver trainers and delegating appropriate tasks;
Accident and incident investigation and resolution;
Ensuring compliance with all local, state, and federal requirements for record-
keeping and driyer- and safety-related items;
Implementing and managing an employee awards program; and,
Implementing facility safety program for MMF (including the CNG fuel stations,
service lanes and fuel islands, parking areas, wash areas, and maintenance shops)
.
.
.
.
Road Supervisors
CONTRACTOR must designate, in writing, at least ten (4) full-time employees as Road
Supervisors. A Road Supervisor must be on duty at all times vehicles are in revenue
service. Each Road Supervisor must work 40 hours per week on this project providing
road supervision. These persons must have at least one year of fixed-route driving
experience or one year of experience dispatching, supervising, or training fixed-route
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4.8
4.9
bus driyers using full-size (35'40' long) transit coaches. The Road Supervisors shall
have the use of a CONTRACTOR-provided vehicle to respond on short notice to driver
requests for assistance and emergency conditions during all hours of revenue service.
One Road Supervisor shall be stationed at the H Street Trolley Station during weekday
peak periods (6 a.m. to 9 a.m. and 2 p.rn. to 6 p.m.) daily to supervise arriyals,
departures, timed transfers, and reliefs. In addition, this Road Supervisor at H Street
Trolley Station shall assist customers and provide information. One additional Road
Supervisor shall be added for every 400,000 revenue miles added above the base level
of service miles. All road supervisors must be based at MMF.
Maintenance Quality Assurance and Warranty Manaqer
Contractor must designate, in writing, at least one half-time (20 hours per week) position
dedicated as the Quality Assurance and Warranty Manager for maintenance functions.
This individual is responsible for ensuring warranty compliance on all parts and
equipment, and for inspecting, approving, and monitoring the work of the mechanics,
servicers, and cleaners. This individual will also assist AGENCY in procurements for
equipment, vehicles, and services, including the development of specifications, pre- and
post-delivery inspections, and procurement delivery logistics. This position is responsible
for oversight of the preventative maintenance inspection program, CNG fueling
infrastructure, building, and vehicle systems inspection programs, and CNG bus engine
fuel system issues resolution. This person shall report directly to the On-Site Manager
(Project Manager). This position shall be a middle management or shop foreman level
position, but not directly responsible for the supervision of maintenance staff. This
individual must have at least (3) three years of experience in heavy duty transit bus
maintenance, including at least (1) one year of responsibility for supervising and
inspecting work of maintenance employees and at least (1) one year of experience in
conducting or supervising CNG systems inspection programs. This position must be
based at MMF.
Clerical Staff
Clerical staff positions are to be named sufficient to ensure accurate and timely
processing of information, reports, and maintenance and training record-keeping
requirements. Clerical staffing levels should be, at a minimum:
4.9.1 At least one half (0.5) of a FTE position should be designated as Office Manager.
This person shall be responsible for the production and delivery of all required
reports to AGENCY, supervising other clerical positions, and other duties relating
to the management of the office.
4.9.2 At least one half (0.5) of a FTE clerk position (office management) will be
dedicated to data input and processing, report production, revenue control,
revenue counting, and accuracy of information reported.
4.9.3 At least one half (0.5) of a FTE clerk position will be dedicated to maintenance
functions, data input and processing, report production, inventory control, and
accuracy of information reported.
4.9.4 All FTE clerical positions specified above shall be located at MMF.
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4.10
Maintenance Staff
The following staffing levels will be required for routine preventative maintenance,
running repairs, and training for revenue vehicles and non-revenue vehicles. (Rebuilding
of major components, including engines and transmissions, and major body repairs, is
assumed to be outside work beyond the following staffing leyels.) The maintenance
staffing levels required of CONTRACTOR by AGENCY are specifically designated for
bus-related maintenance activity. Other than normal housekeeping duties required of
mechanics, all facility maintenance, grounds and site maintenance, building
maintenance, and janitorial services, shall be conducted via subcontracted services or
staffing levels above and beyond that required for bus maintenance. The AGENCY has
established a minimum level of staffing, based on the age of the fleet and the variety of
equipment. All minimum FTE staffing level requirements are shown in ATTACHMENT
#11. The following is a general description of maintenance staffing categories:
4.10.1
Journey-level nAn Mechanic: The highest-level line mechanic. Under general
supervision, performs the most difficult repair tasks and supervises subordinates;
is capable of performing all repairs and adjustments to all vehicle systems; acts
as shift leader and trains "Bn and ncn mechanics; performs quality control
functions for subordinates.
4.10.2 Journey-level nBn Mechanic: Under general supervision, performs a wide variety
of preventive maintenance and minor repairs. Tasks: Maintains, troubleshoots,
diagnoses, and/or repairs a broad range of vehicle systems including engine and
emissions, drive train, brakes, climate control, electrical and specialty electrical
systems, electronic systems, accessibility equipment, transmissions, and
steering and suspension. Completes work orders and PMI forms with comments.
May train and monitor the performance of nC" mechanics. In addition to the
minimum "B" level mechanics shown in ATTACHMENT #11, one half (0.5) of a
FTE "B"-Ievel mechanic shall be retained for the exclusive purpose of
maintaining, repairing, and cleaning fareboxes and revenue collection-related
equipment.
4.10.3 "Cn Mechanic: Mechanic's helper. An entry-level position that performs routine
maintenance and repair under immediate supervision.
4,10.4 Servicers. fuelers, washers, and hostlers: Fuel, clean, wash, and park buses.
May add fluids as necessary and perform other basic vehicle-related tasks.
4.10.5 All maintenance positions specified above for bus maintenance and service shall
be based at the Maxwell Maintenance Facility (MMF). All routine preventative
maintenance and running repairs performed by maintenance positions shall be
performed at MMF. AGENCY reserves the right to approve all off-site
maintenance work. Maintenance work currently done off-site includes the
following:
Body work - various vendors
Engines and transmissions - various locations
Selected machine work - various vendors
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Major bus rebuilding, (if necessary) - various yendors
4.10.6 Additional mechanics (A, ß, or C-Ievel) shall be added at the rate of one FTE per
every 100,000 revenue miles added above the base level of service miles.
CONTRACTOR shall maintain a similar proportion of A, B, and C-Ieyel
mechanics. Additional servicers and fuelers shall be added at the rate of one
FTE per every 200,000 revenue miles added above the base level of service
miles. Additional staffing numbers and type of mechanics shall be approved by
AGENCY in advance of expected increase in revenue mile additions.
4.11
Approval of Assiqnment
The AGENCY, or its designated representative must approve any Responsible
Management Individual, On-Site Manager, Assistant On-Site Manager, On-Site Fleet
Maintenance Manager, Safety Supervisor/Driver Trainer, or Maintenance Quality
Assurance and Warranty Manager assigned to this project. AGENCY may withdraw this
approval at any time by giving 30 days' written notice to CONTRACTOR. AGENCY shall
withdraw approval only with reasonable cause as determined by AGENCY. If AGENCY
withdraws approval of any of these employees, CONTRACTOR must replace the
employee within 30 days with another individual approved by the AGENCY, or its
designated representative.
5.
FACILITIES
AGENCY shall provide to CONTRACTOR the shared use of an administrative, maintenance and
vehicle storage facility located at 1800 Maxwell Drive, Chula Vista, California, 91911 (MMF). AGENCY
shall provide to CONTRACTOR all requirements and restrictions for the use of this facility in
ATTACHMENT 7.
It is expected that all significant preventative maintenance, running repairs, and operations under this
agreement will be performed at the Maxwell Maintenance Facility as a requirement of this agreement.
Any maintenance work performed off-site may only be done with the advance approval of AGENCY.
6.
BUS MAINTENANCE AND REPAIR
High quality and regular maintenance of buses is essential and is required to maintain an efficient,
reliable transit operation. CONTRACTOR shall be responsible for all maintenance and repair work
(including maintenance and repair of all installed equipment, warranty work, and tracking of warranty
work and components) necessary to keep all AGENCY buses operating in a safe and reliable condition.
CONTRACTOR shall follow all maintenance guidelines detailed in ATTACHMENT #3.
7.
BUS CLEANING AND VEHICLE APPEARANCE
CONTRACTOR shall maintain the minimum cleaning and vehicle appearance program and standards
outlined in ATTACHMENT #4.
8.
DRIVERS AND DRIVER TRAINING
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8.1.
8.2.
8.3.
8.4.
CONTRACTOR'S training program shall include, at a minimum, the training
requirements outlined in ATTACHMENT #5. CONTRACTORS shall provide a detailed
training schedule to AGENCY two weeks after award of contract showing how all of the
existing and new drivers necessary to carry out full operations shall be trained by July 1,
2002.
CONTRACTOR shall maintain and proYide to AGENCY a list of driyers who have
completed the required training program for services provided under this Agreement.
This list shall be updated at least monthly as additional active drivers are trained or
removed from service, and is due to AGENCY by the 10th day of the following month
with the invoice. The submittal of the list of drivers shall include the following: date of
initial hiring, date of completion of training, numbers of hours of initial training, date of
DMV registration expiration, medical certificate expiration, and date of quarterly ride
check. CONTRACTOR must keep a record of all training performed on each driver and
must provide copy of such records, if so requested by AGENCY or other compliance
agency such as DMV, CHP, etc.
A meeting of all affected personnel of the CONTRACTOR shall be held prior to major
service changes or when so requested by AGENCY. No more than four such meetings
will be requested each year. AGENCY shall be permitted to attend these meetings and
make presentations.
AGENCY shall be able to request that specific driver(s) be replaced for reasonable
cause.
9.
ADVERTISING AND MARKETING
AGENCY shall control all advertising and marketing, and provide materials for distribution by
CONTRACTOR.
CONTRACTOR shall assist AGENCY in conducting promotions of all public transit services
under AGENCY direction and approval. CONTRACTOR may be required to provide additional
marketing assistance as requested by AGENCY, not to exceed 8 hours per month (or 96 hours
per year). No additional compensation will be provided to CONTRACTOR for this assistance.
CONTRACTOR'S employees shall periodically be required to distribute on the vehicles
informational and promotional material provided by AGENCY.
CONTRACTOR will be required to provide additional marketing assistance of up to 8 hours per
month (or 96 hours per year) for community services. This marketing assistance for these
community service functions may require the use of a vehicle for inclusion in parades,
community fairs, static displays, etc. There will be no additional compensation for this
community service effort up to 8 hours per month (or 96 hours per year).
CONTRACTOR shall also be required from time to time to apply/install interior and/or exterior
AGENCY-provided promotional banners, signs, decals, or similar media onboard revenue
vehicles. Time spent for this purpose shall be above and beyond the above-referenced
community service or marketing hours.
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10.
DATA COLLECTION AND REPORTING
A list of operational data to be collected by CONTRACTOR, and some samples, is included as
ATTACHMENT #8.
10.1. All data provided by CONTRACTOR to the AGENCY will be certified by CONTRACTOR
as being complete and accurate. CONTRACTOR shall collect all data on operation of
the system and provide AGENCY with the required information on forms approved by
AGENCY by the required submittal deadlines.
10.2. Information and reporting will be required and in accordance with the Uniform
Accounting and Reporting Elements (FARE) under the Urban Mass Transportation Act
of 1964 as amended, the California Public Utilities Code, the California Administrative
Code, and the Transportation Development Act.
10.3. Report forms or CONTRACTOR shall utilize formats required by AGENCY. Sample
report forms are attached. CONTRACTOR shall be responsible for printing all report
forms required under this Agreement.
10.4. CONTRACTOR shall compile Daily Trip Records and Daily Bus Records and forward
copies of these reports to AGENCY on a daily basis. At the end of the month, the
Monthly Summary Reports are due to AGENCY by the 8th day of the followinq month.
10.5. A daily office/dispatch log shall be maintained by CONTRACTOR of vehicle
breakdowns, roadcalls, wheelchair lift boardings, missed and/or delayed trips (including
cause), accidents, complaints (with attached forms and description of the problems and
solutions), and compliments received. An incident report on any system collision,
accident, or crime incident must be submitted to AGENCY. Customer service calls shall
be logged in the daily office log. Daily office log shall be submitted weekly, prior to
Thursday of the following calendar week. At the end of the month, the report is due by
the 8th day of the followinq month.
10.6. Accidents and incidents of a serious nature are to be reported to AGENCY immediately
by telephone directly to AGENCY staff in accordance with AGENCY emergency
notification procedures.
10.7. A Daily Equipment Status Report shall be transmitted to the AGENCY every Monday
through Friday workday by 8:00 a.m. This report shall reflect the current status of all
equipment (vehicles, spare engines, spare transmissions, etc.) as of 6:00 a.m. each day.
All vehicles not ready for revenue service shall be noted on the report.
10.8. Utilizing Daily Trip Records and other relevant data sources, CONTRACTOR shall
complete a monthly summary report. This report will include the following route data:
passenger counts by fare category, actual revenue miles ("revenue miles"), actual bus
miles ("total miles"), number of vehicle service hours ("revenue hours"), actual vehicle
hours ("total hours"), missed trip occurrences, missed trip mileage, and all totals. The
preceding categories must also be provided broken down into weekday, Saturday, and
Sunday data. Reports will also include the following system data: on-bus hours, duty
hours, expanded driver pay hours, passenger incidents/accidents, vehicle
collisions/accidents, roadcall information, security data, and complaints. Monthly
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summary report shall be submitted by CONTRACTOR to AGENCY prior to the 8th day
of the followinG calendar month. Spreadsheets used by CONTRACTOR to tally Monthly
Summary Report shall be submitted to AGENCY with Monthly Summary Report.
10.9. CONTRACTOR to AGENCY shall submit Fuel/Oil Usage Reports on a monthly basis.
These reports shall be submitted with the monthly invoice prior to the 8th day of the
followinG calendar month.
10.10. A Monthly Management Report of operations and maintenance matters shall be
submitted by the CONTRACTOR, which shall include:
10.10.1.
10.10.2.
10.10.3.
10.10.4.
10.10.5.
10.10.6.
10.10.7.
Operational status of the system (Executive Summary).
Safety-related issues and matters.
Any problems or opportunities that have arisen with suggested action.
Customer/public input received.
Bus washing/cleaning report.
All maintenance work performed on buses during that month, including a
recap of all maintenance-related costs, the status of each vehicle's condition
including miles-per-gallon of fuel and miles-per-quart of engine oil added, oil
analysis reports on request, and a description of any maintenance and/or
repair work performed.
An inventory of timetables on-hand.
10.11. Monthly report submission shall be to AGENCY prior to the 8th day of the followinG
calendar month. Quarterly reports shall be submitted to AGENCY prior to the 8th day of
the calendar month followinG the end of each quarter.
Computerization of all reports is required. All data reports must be submitted as
Microsoft Excel files. Any other reports must be submitted as Microsoft Word or
Microsoft Excel files. The CONTRACTOR must maintain and pay for active and separate
Internet e-mail accounts for the On-Site Manager, Assistant On-Site Manager, and On-
Site Fleet Maintenance Manager that are able to send and receive attachments. These
e-mail accounts must remain active throughout the base term of this Agreement,
including carryover terms.
10.12.
11.
MANAGEMENT AND LIAISON
CONTRACTOR shall coordinate closely with AGENCY on project and operation status.
CONTRACTOR shall also attend meetings with AGENCY staff as needed (no less frequently than
monthly), and perform liaison activities with AGENCY. The CONTRACTOR must maintain and pay for
active and separate cellular phone accounts for the On-Site Manager, Assistant On-Site Manager, and
On-Site Fleet Maintenance Manager.
-17-
12.
FARES, TRANSFERS, AND REVENUE COLLECTION
12.1. The fare structure and media to be effective upon the commencement of services
contained in this Agreement will be determined by AGENCY and shall adhere to the
Uniform Fare Structure Agreement (UFSA) between the Metropolitan Transit
Development Board, San Diego Association of Governments. and all area transit
operators.
12.2. The AGENCY seeks to maximize coordination with other public transit operations in the
San Diego region. Therefore, CONTRACTOR shall adhere to transfer policies as set
forth in the UFSA. CONTRACTOR shall maintain a cooperative working relationship
with all area transit operators to maximize concept of a "seamless" Metropolitan Transit
System for passengers.
12.3
12.4
13.
CONTRACTOR shall directly receive shipments of transfers from MTDB's designated
printing company. CONTRACTOR shall ensure that these shipments are: (1) received
by a responsible individual; (2) immediately checked for proper serial numbers and
quantities; and (3) stored in a limited access area, secure from theft and damage.
CONTRACTOR shall ensure that transfer supplies are only available for distribution to
drivers by management and/or supervisory/dispatch staff. All transfers shall remain
locked up and secured until the date of validity. AGENCY may require CONTRACTOR
to report its transfer distribution policies, collection procedures, and usage records.
CONTRACTOR shall secure all used or expired fare media for disposal by AGENCY.
CONTRACTOR shall follow all revenue collection guidelines and procedures established
in ATTACHMENT #6.
PERFORMANCE BONUSES AND PENALTIES
Performance bonuses and penalties shall be set as stated in the chart on the following page. See
notes below:
13.1
Completed Trips Incentive Bonus or Penalty - Completed trip incentive bonuses or
penalties (if any) are not cumulative and will be computed monthly and added or deleted
from each monthly payment. One trip shall be one round-trip by a bus on a loop route
and one one-way trip between terminals on a line route.
Buses that are late at a terminus by half or more of the route frequency will be deemed a
missed trip for the purpose of this section. For example, if the route frequency is
60 minutes, a bus late at a terminus by 30 or more minutes will be considered a missed
trip. If the route frequency is 30 minutes, a bus late at a terminus by 15 or more minutes
will be considered a missed trip.
Incentive bonuses or penalties for completed trips shall be assessed to CONTRACTOR
based on actual, revenue service miles operated during the calendar month and will be
included with the next scheduled monthly payment.
Missed trips due to unusual traffic conditions, numerous passengers requiring
wheelchair lift or device service, or other factors beyond control of CONTRACTOR may
-18-
13.2
be excused. The AGENCY shall determine which factors are reasonably beyond the
control of CONTRACTOR.
The following bonus or penalty will be assessed to CONTRACTOR by the AGENCY
(amounts are per revenue mile for total reyenue miles actually proYided and inyoiced for
the quarter in which the bonus/penalty is calculated):
COMPLETED TRIPS BONUS/PENAL TV (PER REVENUE MILE)
% COMPLETED BONUS PENALTY
99.900% or higher $0.06 ----
99.850% - 99.899% $0.05 n_-
99.800% - 99.849% $0.04 ---
99.750% - 99.799% (Standard) ---- ----
99.700% - 99.749% ---- $0.05
99.500% - 99.699% ---- $0.08
99.400% - 99.499% ---- $0.15
99.300% - 99.399% ---- $0.20
99.299% or lower --- $0.25
On-Time Performance Requirement - CONTRACTOR shall maintain a high level of on-
time performance. Buses shall arrive at all designated time points no later than five
minutes after the scheduled time. Buses shall not leave any time point prior to the
scheduled departure time.
The following bonus or penalty will be assessed to CONTRACTOR by the AGENCY
(amounts are per revenue mile for total revenue miles actually proYided and invoiced for
the quarter in which the bonus/penalty is calculated).
ON-TIME PERFORMANCE BONUS/PENALTY (PER REVENUE MILE)
% ON-TIME BONUS PENALTY
95.00% or higher $0.06 ---
91.00% - 94.99% $0.03 ----
89.01 % - 90.99% (Standard) ---- ----
87.51% - 89.00% ---- $0.02
85.51% - 87.50% ---- $0.04
82.51% - 85.50% ---- $0.08
82.50% or lower ---- $0.10
On-time performance will be monitored by the AGENCY regularly and will be computed
on a quarterly basis. A minimum of 400 time checks will be performed by the AGENCY
in each quarter to ascertain on-time performance and potential bonuses or penalties.
The AGENCY will conduct on-time performance checks in a manner that results in a fair
representative sample of the system. On-time performance checks will be stratified
evenly by time of day and on a per route basis based on revenue miles. On-time
performance checks may not be valid on trips where unusual traffic congestion,
numerous passengers requiring wheelchair lift or device service, or other factors beyond
control of CONTRACTOR hinders on-time service. The AGENCY shall determine which
-19-
factors are reasonably beyond the control of CONTRACTOR. The AGENCY may use
time checks monitored by other agenciès in calculating this bonus. Bonuses and
penalties will be calculated based on actual revenue mileage during the quarter and will
be paid or deducted in the month following the end of each quarter.
13.3
Miles Between Roadcalls Requirement - CONTRACTOR must meet an average of
4,500 miles or greater between mechanical roadcalls each quarter. A bonus will be
provided for exceeding 6,000 miles between mechanical roadcalls. A penalty for failing
to meet the minimum requirement will be assessed to CONTRACTOR by AGENCY on a
quarterly basis, as shown in the chart below. AGENCY will calculate average miles
between mechanical roadcalls by dividing the total miles by the number of mechanical
roadcalls for the reporting quarter. Bonuses and penalties will be paid or deducted in the
month following the end of each quarter.
AVERAGE MILES BETWEEN ROAD CALLS BONUS/PENALTY
MILES BONUS PENALTY
7,000 or higher $5,000
6,000 - 6,999 $2,500
4,500 - 5,999 (Standard) ---- ----
3,500 - 4,499 $2,500
2,500 - 3,499 $5,000
2,499 or lower $7,500
A.
Failure to Achieve Reliability - The AGENCY, at its sole discretion, may terminate this
Agreement if:
1.
CONTRACTOR does not meet the monthly completed trip minimum (99.750%)
for any consecutive two-month period or fails to meet the completed trip
minimum more than three times in a fiscal year.
2.
CONTRACTOR does not achieve the required on-time performance minimum
(89.01 %) for any two consecutive reporting periods or fails to meet the on-time
performance minimum for more than four reporting periods during the term of this
Agreement.
3.
CONTRACTOR does not perform required vehicle maintenance in conformance
with Exhibit A.
14.
SPECIFIC LIQUIDATED DAMAGES
From the nature of the services to be rendered, the CONTRACTOR and the AGENCY agree that it is
extremely difficult to fix actual damages which may result from failure on the part of the CONTRACTOR
to perform any of its obligations herein and the resulting loss to the AGENCY. Therefore, both parties
agree that the CONTRACTOR'S liability should be limited to, and fixed at, the sums stated in the table
below, as liquidated damages and not as penalty. These liquidated damages may be deducted
automatically by the AGENCY from CONTRACTOR invoices. The decision of the AGENCY, or its
designated representative is final with respect to any assessment of liquidated damages. The
AGENCY, or its designated representative may rely on information supplied by CONTRACTOR, by the
public, or by staff, as well as by other means in determining assessment of liquidated damages.
-20-
SPECIFIC LIQUIDATED DAMAGES
PERFORMANCE MEASURE LIQUIDATED DAMAGES
1 CONTRACTOR is required to provide all transit $10,000 per day for each day after commencement of this Agreement (July 1,2002)
services as specified In this agreement. that CONTRACTOR is unable to provide full scope of services specified in this
Agreement.
2 CONTRACTOR is required to provide a $100 per day for each day beyond the 14 day before expiration of the performance
performance bond or irrevocable letter of credit in bond/irrevocable letter of credit that CONTRACTOR does not provide AGENCY with
full force and effect at all times. a renewed bond/Irrevocable ietter of credit.
3 CONTRACTOR shall fully. completeiy, and $5,000 per occurrence for the failure to fully. completely. and effectively perform bus
effectively perform bus maintenance as detailed in maintenance as detailed in Exhibit A, Section 6 & 7.
Exhibit A. Section 6 & 7.
4 CONTRACTOR shall maintain buses in a safe $5,000 per occurrence for the removal from roadworthy status by Califomla Highway
and clean condition. free of scrutiny from safety Patroi of any bus used under this Agreement.
and transporfatlon agencies.
5 CONTRACTOR shall achieve a satisfactory rating $5,000 per occurrence for failure to achieve a satisfactory rating in any category of
in all categories of the annual California Highway the annual California Highway Patrol Safety Compliance Reporf (CHP 343).
Patrol Safety Compliance Reporf (CHP 343).
6 CONTRACTOR shall provide sufficient trained $1,000 per day for the failure to provide sufficient trained drivers to operate transit
drivers to operate transit routes In accordance routes in accordance with the route descriptions given in Exhibit A. Defined as any
with the route descriptions given in Exhibit A. missed service resulting from insufficient drivers.
7 CONTRACTOR shall submit to the AGENCY all $200 per day for each Incident of failure to submit to AGENCY any of the following
operational and financial reports as required in reports: Monthly Summary Reporf; Monthly Driver's Roster; Monthly Management
this Agreement, in a timely manner. All monthly Report and Monthly Fuel Usage Log; Monthly Bus Washing Report (by 8th day of
reports are required to be submitted to AGENCY the following month); Daily Trip Records and Daily Bus Records (weekly. prior to
no later than eight calendar days following the Thursday of the following week); Dally Equipment Status Report (by 8:00 a.m. each
end of the month. Other reports due as specified. Monday-Friday workday).
8 CONTRACTOR shall ensure that all passenger $0.25 per revenue service mile for each revenue service mile operated by
safety and comfort features provided on all buses CONTRACTOR with vehicles which do not have fully functioning heating. air
in revenue service are functional. conditioning. destination signs, farebox, stop request system, internal public address
system, passenger doors and radio.
g CONTRACTOR shall ensure buses are maln- $200 for each day or each incident that CONTRACTOR fails to clean each bus as
tained in clean, sanitary. and attractive condition. required In Exhibit A, Section 7.
10 CONTRACTOR shall ensure that all drivers $200 for each day or each incident that CONTRACTOR assigns a driver to work
complete training requirements specified in this under this Agreement who has not completed the training required In accordance
Agreement. with Exhibit A. Section 8.
11 CONTRACTOR shall ensure that all drivers wear $100 for each day or each incident that one of CONTRACTOR's drivers falls to wear
an approved uniform while on duty, an approved uniform while on duty.
12 CONTRACTOR shall repair vehicle body damage $100 for each day or each incident that CONTRACTOR fails to repair vehicle body
not requiring the order of body parts within 21 damage (interior or exterior). not requiring the order of body parts. within 21 days of
days of the date damage occurred. the date damage occurred.
13 CONTRACTOR shall provide to AGENCY and $100 for each day or each incident that CONTRACTOR fails to provide an approved
follow an approved fare collection policy that fare collection policy and/or failure to conform to the approved fare collection
ensures that revenues are securely transferred procedures.
and properly accounted for.
14 CONTRACTOR shall provide sufficient buses to $1,000 per day for failure to provide sufficient buses to operate transit routes in
operate transit routes in accordance with the route accordance with route descriptions in Exhibit A. (AGENCY must provide CON-
descriptions given in Exhibit A. TRACTOR with a ratio of spare buses available to total buses a minimum of 20%.)
15 CONTRACTOR shall employ and assign to the $1,000 per day for each day CONTRACTOR fails to employ and assign to the
services covered by this Agreement an On-Site services covered by this Agreement an On-Site Manager. Assistant On-Site
Manager. Assistant On-Site Manager, On-Site Manager, On-Site Fleet Maintenance Manager, Road Supervisors, or Driver Trainers
Fleet Maintenance Manager. Road Supervisors or approved by the AGENCY or its designated representative. In the event any of
Driver Trainers approved by the AGENCY or Its these employees terminates employment with less than 2 weeks' notice, liquidated
designated representative. damages will not be assessed until the 22'" day following the notice of termination.
16 CONTRACTOR shall operate transit routes In $500 per occurrence for each unauthorized failure to operate transit routes In
accordance with route descriptions in Exhibit A. accordance with the route descriptions given in Exhibit A.
17 CONTRACTOR shall ensure every vehicle In $200 per occurrence for each incident In which a bus leaves the yard to enter
revenue service has a functional wheelchair lift (or revenue service without a functional wheelchair lift (or ramp). or kneeler.
ramp) and kneeler.
18 CONTRACTOR shall ensure wheelchair lift and $200 per occurrence for each incident In which the wheelchair lift or device. or
kneeler on every vehicle In revenue service is kneeler does not function on a bus in revenue service.
functional.
19 CONTRACTOR shall ensure vehlcies In revenue $100 per incident of a vehicle in revenue service leaves a scheduled time point prior
service follow fhe AGENCY-provided schedule. to the scheduled departure time.
20 CONTRACTOR's drivers are required to $20 per occurrence for each incident In which a driver is observed not making a
announce all stops identified by AGENCY as required stop announcement by AGENCY or its agent(s).
-21-
required for compliance with the Americans with
Disabilities Act.
SPECIFIC LIQUIDATED DAMAGES (CONTINUED)
PERFORMANCE MEASURE LIQUIDATED DAMAGES
21 CONTRACTOR is required to provide accurate $500 for each incident In which AGENCY finds that CONTRACTOR has inaccurately
reporting of all data to AGENCY, Including missed reported missed mileage. Note that gross. intentional. or willful inaccuracy in
mileage. reporting may subject CONTRACTOR to other damages.
22 CONTRACTOR is required to complete all $50 per hour for each hour of required training not provided to an employee as
employee training as outlined In this Agreement. detailed in this Agreement. AGENCY may audit training records at any time without
prior notice.
23 CONTRACTOR is required to complete all $500 for each incident of failure to meet pullout due to lack of available buses by
scheduled setVice and stand-by runs each CONTRACTOR or insufficient drivers to fill all runs.
morning and afternoon during peak periods.
A.
In lieu of the above estimates of actual damages as liquidated damages, the AGENCY
may, at its discretion, assess the actual damage caused by the breach as its remedy,
and obtain this remedy through offset against retention or any other appropriate
procedure.
B.
Failure of the AGENCY to assert any right which it has under this Agreement, or to
assess any liquidated damage as provided herein, shall not act as a waiver as to the
AGENCY's right to enforce the provisions of this Agreement, or assess liquidated
damages in the future, except as specified herein.
C.
The assessment of liquidated damages and/or deductions as provided under this
Agreement shall in no way relieve the CONTRACTOR of its obligation to provide
sufficient service, buses or drivers, or to meet any of the terms of this Agreement.
CVT Scope of Work 11-19-01.JCODLING
-22-
EXHIBIT A - SCOPE OF WORK ATTACHMENTS
1. Service Characteristics
2. Buses and Other Equipment
3. Bus Maintenance
4.
Bus Cleaning and Vehicle Appearance Program
5.
Employee Training Programs, Requirements, and Regulations
6.
7.
Fare Collection Procedures
Maxwell Maintenance Facility
8.
Operational Data to be Collected by CONTRACTOR
9.
Glossary of Terms
10. MTDB Policy 32 and Adopted Wage and Benefits Scale
11. Summary of Proposed Positions
12. Wages and Benefits Proposal
13. Technical Proposal
14. Pricing Proposal
ATTACHMENT #1
SERVICE CHARACTERISTICS
Service characteristics in the chart below represent current existing service that will be covered
under this Agreement. This includes 12 existing routes that will be in operation effectiye July 1,
2002. There are no approved specific modifications to the service planned, although service
characteristics are subject to change during the term of the agreement. The current services
included require 26 buses for regularly scheduled peak service with 37 total buses available.
AGENCY reserves the right to adjust the number of vehicles provided (increase or decrease) as
necessary to accommodate service changes. Any resultant changes in pricing or costs passed
onto AGENCY by CONTRACTOR shall only be in accordance with Article III.B. of the Contract.
AGENCY has plans to order six (6) replacement low-floor 35- or 40-foot heavy-duty transit
coaches for CVT due to be ordered in 2002 for a 2003 deliyery.
CONTRACTOR shall also provide one bus on weekdays from 6:30a.m. to 10:00a.m. and
2:00p.m. to 6:00 p.m., to be stationed at the H Street Trolley Station area to operate as a
standby tripper. Standby bus will be paid for on an hourly rate only. Stand-by bus shall respond
to peak passenger overloads or other unforeseen passenger demand issues that affect service
reliability.
CONTRACTOR may also be required to provide additional bus service at the request of
AGENCY for unscheduled situations. This may include, as an example, responses to parades,
detours, special events, construction projects, traffic conditions, passenger overload situations,
or any other unscheduled shuttle service. AGENCY will make every effort to notify
CONTRACTOR of any additional vehicle requirements at least 24 hours in advance for these
requests. Additional bus service may also be requested to respond to emergency situations
such as natural disasters, or criminal activity that requires emergency evacuations or other
service requested by law enforcement, or fire/emergency officials. CONTRACTOR shall
respond to these requests, with little or no notice, to the best of its ability, with the welfare of
those involved being the top priority. All additional peak and emergency trippers will be invoiced
to AGENCY at the hourly rate for standby service.
CONTRACTOR will be required to provide additional marketing assistance of up to eight (8)
hours per month for community services, as described in Section 9 of Exhibit "A." This
marketing assistance or these community service functions may require the use of a vehicle for
inclusion in parades, community fairs, static displays, etc. There will be no additional
compensation for this community service effort up to eight (8) hours per month.
2
Revenue Mileage, Revenue Hours, and Vehicle Requirement Estimates for 7/1/02
REVENUE SERVICE
ROUTE SPAN OF SERVICE
701 Weekday: 5:06am-11:25pm
Saturday: 7:00am-10:25pm 731.83 61.16 4 617.94 43.26 3 554.02 38.76
Sun/Hal: 7:30am-9:55pm
702 Weekday: 5:30am-11:20pm
Saturday: 6:30am-10:35pm 396.24 34.41 2 353.21 30.91 2 168.2 14.83
Sun/Hal: 7:00am-9:50pm
703 Weekday: 5:14am-10:44pm
Saturday: 6:47am-8:59pm 690.71 49.95 378.05 26.90 189.03 13.45
Sun/Hal: 6:47am-8:14pm
704 Weekday: 5:27am-10:04pm
Saturday: 6:47am-8:59pm 370.87 25.52 2 186.47 13.13
705 Weekday: 5:55am-10:20pm
Saturday: 7:30am-8:30pm 410.32 31.49 2 324.00 24.92 2 280.13 21.75
Sun/Hal: 9:00am-8:30pm
706 Weekday: 9:00am-7:30pm
Saturday: 9:00am-7:30pm 194.62 20.33 2 194.62 20.33 2 87.78 9.17
Sun/Hal: 9:00am-6:10pm
706A Weekday: 7:00am-8:20pm
Saturday: 7:00am-8:20pm 135.55 13.33 135.55 13.33 125.38 12.33
Sun/Hal: 7:00am-7:20pm
707 Weekday: 6:05am-6:59pm
Saturday: 6:05am-6:59pm 178.38 12.83 163.20 11.83
708 Tues-Fr/: 9:50am-5:12pm
Sat-Sun: 9:50am-5:12pm 50.46 7.00 50.46 7.00
Man/Hal: Na Service (Tuesday - Friday only)
709 Weekday: 6:10am-10:19pm
Saturday: 7:30am-9:34pm 890.82 57.35 6 408.85
Sun/Hal: 9:05am-9:34pm
711 Weekday: 6:00am-7:50pm
SaVSun/Hal: Na Service 252.08 13.83
712 Weekday: 6:00am-10:56pm
Saturday: 8:00am-9:56pm 200.71 16.90 164.64 14.90 164.64 14.90
Sun/Hal: 8:00am-9:56pm
TOTALS: 4502.59 344.1 26 2976.99 232.31 18 1993.42 155.66 13
HOURLY STANDBY SERVICE WEEKDAY ESTIMATES
REVENUE REVENUE VEHICLE
ROUTE SPAN OF SERVICE MILES HOURS REQ.
7XX Weekday (Standby)
6:30AM. -10:00AM. & 0 7.50
2:00P.M. - 6:00P.M.
TOTALS: a 7.50
CVT RFP "VICE SUMMARY.JCODU.'" ",um,
ATTACHMENT #2
AGENCY-OWNED BUSES AND EQUIPMENT
1.
BUS FLEET
The following fleet of diesel-powered and compressed natural gas (CNG)-powered buses will be
provided by AGENCY to CONTRACTOR for Maxwell Maintenance Facility (MMF) on July 1,
2002. A limited quantity of buses will be available to CONTRACTOR on April 15, 2002 for
training purposes. CONTRACTOR must provide full insurance for any vehicles used for training
prior to July 1, 2002. The complete fleet of buses to be used in this agreement are as follows:
Qty Year Make Model Length Date Available
4 1989 Chance VS24 Trolley (Diesel) 26' 7/1/02
0 1990 Orion Orion 1 (Diesel) 35' 7/1/02
6 1991 Orion Orion 1 (Diesel) 35' 7/1/02
2 1995 Gillig Phantom (Diesel) 35' 7/1/02
25 2001 New Flyer G40LF (CNG) 40' 7/1/02
-
37
= TOTAL
Details of each bus type are shown in this section for information only. Fleet mileage figures are
based on historical perf9rmance. AGENCY makes no guarantee of future fuel consumption or
mileage. CONTRACTOR understands that future performance may vary. AGENCY may
change fleet size prior to or during this Agreement.
1.1.
1989 Chance Trolley Bus (Model VS 24) - Diesel
The following four buses will be provided by AGENCY to CONTRACTOR. These buses
all have the following equipment:
Engine: CAT 3208-175 - Diesel
Fleet Mileage: 4.5 MPG
Transmission: Allison AT545
Wheelchair Lift: Mobil Tech
Air Conditioner: None
Mobile 2-Way Radio: Motorola Spectra
Fare Box: GFI Cents-a-Bill electronic, registering farebox.
Destination Sign: Roll Curtain front, side
Safety Equipment: Fire Extinguisher, Triangles
Transfer Cutters: Equipped
Passenger Counters: Equipped
Fire Suppression: Not Equipped
3
VEHICLE DESCRIPTION
Fleet # Model VIN Length Seated Actual Est.
Year (Last 5) Overall Passenger Mileage Mileage
(Feet) Capacity 11/16/01 6/30/02
017 1989 07460 26 18 192,000
018 1989 07461 26 18 153,000
019 1989 07462 26 18 150,000
020 1989 07463 26 18 159,000
1.2.
1991 Orion (Orion 1) - Diesel
The following six buses will be provided by AGENCY to CONTRACTOR. These buses
all have the following equipment:
Engine: Detroit Diesel 6V92TAC - Diesel
Fleet Mileage: 3.5 MPG
Transmission: D8635 Voith
Wheelchair Lift: Lift-U
Air Conditioner: None
Mobile 2-Way Radio: Motorola Spectra
Fare Box: GFI Cents-a-Bill electronic, registering farebox
Destination Sign: Roll Curtain, front, side
Safety Equipment: Fire Extinguisher, Triangles
Transfer Cutters: Equipped
Passenger Counters: Equipped
Fire Suppression: Not Equipped
VEHICLE DESCRIPTION
Fleet # Model VIN Length Seated Actual Est.
Year (Last 5) Overall Passenger Mileage Mileage
(Feet) Capacity 11/16/01 6/30/02
024 1991 02810 35 39 596,000
025 1991 02811 35 39 620,000
026 1991 02812 35 39 644,000
027 1991 02813 35 39 617,000
028 1991 02814 35 39 602,000
029 1991 02815 35 39 602,000
1.3.
1995 Gilliq (Phantom) - Diesel
The following two buses will be provided by AGENCY to CONTRACTOR. These buses
all have the following equipment:
4
Engine: Detroit Diesel Series 50 - Diesel
Fleet Mileage: 3.5 MPG
Transmission: Allison B-400R
Wheelchair Lift: Lift-U
Air Conditioner: ~
Mobile 2-Way Radio: Motorola Spectra
Fare Box: GFI Cents-a-Bill electronic, registering farebox
Destination Sign: Roll Curtain, front, side
Safety Equipment: Fire Extinguisher, Triangles
Transfer Cutters: Equipped
Passenger Counters: Equipped
Fire Suppression: Not Equipped
VEHICLE DESCRIPTION
Fleet # Model VIN Length Seated Actual Est.
Year (Last 5) Overall Passenger Mileage Mileage
(Feet) Capacity 11/16/01 6/30/02
032 1995 85857 35 29 365,000
033 1995 85858 35 29 380,000
1.4.
2001 New Flyer (G40LF) - CNG
The following twenty-five buses will be provided by AGENCY to CONTRACTOR. These
buses all have the following equipment:
Engine: Cummins 8.3G (CNG)
Fleet Mileage: 3.0 MPT
Transmission: Allison B400R
Wheelchair Lift: Flip-down Ramp (Auto/Manual)
Air Conditioner: ThermoKing - R134A refrigerant/oil
Mobile 2-Way Radio: Motorola MCS 2000
Fare Box: GFI Cents-a-Bill electronic, registering farebox
Destination Sign: Twin Vision - LED Lit Flip Dots (15), All LED (10)
Safety Equipment: Fire Extinguisher, Triangles, First Aid Kit
Transfer Cutters: Equipped
Passenger Counters: Equipped
Fire Suppression: Equipped (Engine Compartment)
VEHICLE DESCRIPTION
Fleet # Model VIN Length Seated Actual Est.
Year (Last 5) Overall Passenger Mileage Mileage
(Feet) Capacity 10/31/01 6/30/02
7001 2001 21605 40 37 45,434 96,000
7002 2001 21606 40 37 47,474 97,000
7003 2001 21607 40 37 47,578 97,000
5
Fleet # Model VIN Length Seated Actual Est.
Year (Last 5) Overall Passenger Mileage Mileage
(Feet) Capacity 10/31/01 6/30/02
7004 2001 21608 40 37 49,015 98,000
7005 2001 21609 40 37 44,308 96,000
7006 2001 21610 40 37 51,467 99,000
7007 2001 21611 40 37 47,612 97,000
7008 2001 21612 40 37 45,207 95,000
7009 2001 21613 40 37 45,888 95,000
7010 2001 21614 40 37 46,058 96,000
7011 2001 21615 40 37 51,152 99,000
7012 2001 21616 40 37 50,627 98,000
7013 2001 21617 40 37 47,828 97,000
7014 2001 21618 40 37 42,271 95,000
7015 2001 21619 40 37 42,899 95,000
7016 - NA (Due to 40 NA (Due to
7025 2001 arrive early 37 ~~~~~ early 30,000
2002
2.
TURNOVER INPECTIONS
AGENCY will conduct two turnover inspections of all AGENCY-owned revenue buses prior to
the start of this Agreement. . The initial turnover inspection will take place in May 2002, with
CONTRACTOR required to participate as an observer. The final turnover inspection will take
place during September and October 2002, depending on schedule for availability to
CONTRACTOR.
AGENCY will provide a professional inspection team of AGENCY's choice to assess status and
condition of vehicles during all turnover inspections. AGENCY will determine the value of any
deferred maintenance. AGENCY shall work with in-coming CONTRACTOR and out-going
contractor to establish who performs any required work, how payments are made, and the
responsible payer. AGENCY shall make the final determination of all maintenance-related
turnover items.
3.
OTHER EQUIPMENT SUPPLIED BY AGENCY
AGENCY will supply CONTRACTOR the following equipment, all of which will be available on
July 1, 2002 for CONTRACTOR's use, exclusively for the support of the provision of services in
this Agreement. Equipment shall remain owned by AGENCY and shall revert to the possession
of AGENCY, or its designate, at the termination of this Agreement. CONTRACTOR is solely
responsible for the storage, maintenance, and security of this equipment, and shall pay for any
repair or replacement of such equipment in the event of damage, theft, or other loss.
6
In addition to the attached Fixed Asset Inventory list, the AGENCY will also be proYiding a fully
equipped heavy-duty maintenance shop. The specific shop equipment provided is shown on
the Maintenance Shop Equipment Attachment following the Fixed Asset Inventory. These parts
are for use exclusively on AGENCY's buses. CONTRACTOR shall pay for and provide for the
replacement of any parts used, in order to maintain, at a minimum, the spare parts inventory
shown here. The AGENCY, and/or current incumbent contractor shall make this equipment and
these spare parts available to CONTRACTOR on July 1, 2002:
.
One (1) spare Detroit Diesel6V92TAC diesel engine, and one (1) spare Cummins 8.3G
(CNG) engine;
One (1) spare Voith 09635 transmission, and one (1) spare Allison B-400R transmission;
Four (4) Motorola hand held portable radios;
Thirty-two (32) Motorola Spectra radios for use in AGENCY owned buses and as spares
Twenty Five (25) Motorola mobile radios model MCS 2000 for use in AGENCY owned
buses;
One (1) Motorola base radio (Desktrac Control Station) for dispatching function;
Two (2) Steri-Koni portabie bus lifts (2001 models);
All applicable maintenance manuals and reference books for all AGENCY-supplied vehicles;
.
All applicable heavy-duty maintenance equipment needed to service the fleet effectively.
Refer to the attached Fixed Asset Inventory list and well as the Maintenance Shop
Equipment List for additional details. Equipment is not limited to these lists, as other
necessary equipment will likely be added prior to contract start up;
Office furniture for CONTRACTOR staff;
9 Desktop Computers and related software for CONTRACTOR staff will be provided by
AGENCY at the start of contract. CONTRACTOR shall replace these 9 desktop computers
with new equivalent, up-to-date computer systems at the end of the contract, including
CPUs, Monitors, speakers, and any other related equipment originally supplied by
AGENCY;
Equipment being supplied specific to the 25 New Flyer Buses (7001-7025):
~ 1 Spare Power Module consisting of an assembled Cummins 8.3G CNG engine,
electronic control module, cooling fan and drive, radiator and surge tank, exhaust muffler
and piping, engine oil filter systems, main air system compressor, Allison World B400R
transmission, transmission control module, transmission shifter assembly, transmission
filter, transmission oil cooler, alternator and drive, starter motor, air-conditioning
compressor, and clutch;
~ 25 spare wheels and mounted tires (will arrive with one per bus);
7
~ 25 passenger seat sets. Each set includes one forward-facing seat frame and two shell
seats with VR50 inserts;
~ 1 Twin Vision Destination Signs programmer;
~ 4 PCMCIA flashcards (Twin Vision);
~ 2 sets orMAN Axle tool sets;
~ 1 King Pin tool set including hydraulic press, high-pressure hydraulic pump, guide and
press mandrel, and bushings;
~ 1 PC laptop computer with software for the Allen Bradley PLC system;
~ 3 Thermo King Intelligent Readers;
~ 4 Combustible Gas Leak Detectors;
~ 2 World Transmission ATEC reader (Pro-link Reader) plus WT Cartridge and ABS
Cartridge;
~ 1 New Flyer Part No. 3886296 Insite Lite for the Cummins 8.3 (ISC) diagnostic software;
~ 1 New Flyer Part No. 3824938 Inline I Adapter;
~ 1 New Flyer Part No. 3824594 PC to In line I cable; and
~ 1 New Flyer Part No. 3824439 6-pin Deutsch cable - connects inline I adapter to engine;
The following General Farebox, Inc. (GFI), fare box test equipment and spare parts shall be
provided for the GFI Cents-a-Bill fare boxes utilized on all AGENCY-provided fareboxes:
~ 1 GFI fare box test set with module and power supply;
~ 6 GFI bill transport mechanisms;
~ 6 GFI coin mechanisms;
~ 6 GFI Logic boards;
~ 6 GFI Power
~
4.
OTHER EQUIPMENT SUPPLIED BY CONTRACTOR
CONTRACTOR shall be responsible for supplying the equipment shown on the following list.
The equipment must be available by July 1, 2002 for CONTRACTOR's use exclusively for the
support of the provision of services in this Agreement. Equipment shall remain owned,
maintained, and replaced as necessary, by CONTRACTOR during the term of this Agreement.
All of the equipment detailed below shall become the property of the AGENCY on the final day
of the contract term at no cost to the AGENCY. CONTRACTOR is solely responsible for the
storage, maintenance, and security of this equipment, and shall pay for any repair or
replacement of such equipment in the event of damage, theft, or other loss. This is not a
8
comprehensive list, and CONTRACTOR is responsible for providing other equipment as
necessary to perform the services required in this Agreement.
Three (3) Relief Cars;
Two (2) Supervisor Cars;
One (1) Maintenance Truck;
Rolling (movable) storage tanks for engine, transmission, and hydraulic fluids may be
required if AGENCY supplied fixed storage tanks do not meet the demands of a highly
efficient, heavy-duty transit maintenance shop.
.
One (1) Telephone System for CONTRACTOR staff.
9
ATTACHMENT #3
BUS MAINTENANCE
It shall be CONTRACTOR'S responsibility to provide maintenance personnel and institute a
vehicle maintenance program to achieve a high level of maintenance on the fleet of AGENCY-
owned buses provided to CONTRACTOR. AGENCY expects a significant effort to maintain
vehicles in the highest level of condition by providing a program that covers the following
general elements and others defined in this attachment:
.
Preventative Maintenance
Mechanical Maintenance
Zero Tolerance Graffiti Removal
Cleaning Program
CNG Safety and Inspection
Engine and Transmission
Quality Control
Warranties on New Buses
Interior Bus Maintenance (Seats, Driver Seats, Floors)
Wheelchair Lift/Ramp Maintenance
Farebox Maintenance
Tire Servicing
Wheel Cleaning
Maintenance Performance Analysis
Maintenance Reporting
All preventative maintenance inspections and mechanical maintenance shall be performed at
the Maxwell Maintenance Facility (MMF) by qualified employees of the CONTRACTOR unless
otherwise noted. The minimum required positions included within the staffing requirements
table (in Attachment 11) are suggested minimums. CONTRACTOR is responsible for providing
the necessary staff to perform all elements required as part of the maintenance program
included within this Agreement. If CONTRACTOR staffing levels for maintenance personnel fall
below the required minimums, CONTRACTOR shall temporarily utilize existing personnel for
additional time or shifts to insure that the maintenance staffing workload meets or exceeds the
minimum Full Time Equivalent (FTE) requirements for each of the maintenance staffing
categories until such time that additional staff are hired, trained, and employed. Failure to
maintain staffing levels that equal or exceed the required levels will subject CONTRACTOR to
liquidated damages as described in the Exhibit A. CONTRACTOR is permitted to subcontract
the position of Maintenance Manager to a qualified independent contractor if approved by the
AGENCY. Any proposed subcontracted maintenance management individual proposed must
meet all experience requirements of the AGENCY. Subcontracting of additional or specialized
cleaning functions may be considered, however, all mechanic and service positions designated
in the required staffing chart must be employees of the CONTRACTOR. CONTRACTOR'S
duty and responsibility to maintain all vehicles and equipment is not delegable to any other
person, firm or corporation.
CONTRACTOR is required to utilize AGENCY-owned maintenance management software
system currently installed at MMF. The I8III!i software program is provided by AGENCY from
and has been utilized on 37 of the proposed buses including the twenty-five (25) New Flyer
buses. All other AGENCY buses provided for this agreement will be entered into the
10
maintenance software system by CONTRACTOR as the buses are delivered or transferred to
MMF. The system is operated on a Windows based computer operating system. Computer
equipment is provided by AGENCY and required for the maintenance office so that
maintenance clerical staff can enter data into the maintenance software system and so that the
software can be operated. Additionally, CONTRACTOR key maintenance staff shall attend other
coordination meetings with other transit providers or vehicle component suppliers as needed.
1. MAINTENANCE PERSONNEL
Maintenance personnel assigned to work on AGENCY-owned buses shall have thorough
knowledge of:
1.1. Bus engines (both diesel and CNG), transmissions, and related mechanical parts.
1.2. Methods and procedures used in servicing mechanical equipment.
1.3. Bus chassis and bodies.
1.4. Tools, precision instruments, equipment, and procedures used in the general repair
and maintenance of bus equipment.
1.5. Decimals, fractions, and specifications related to bus mechanics.
1.6. Specialized areas such as minor painting, upholstering, brake relining, air
conditioning, wheelchair lift or device, electronic registering fareboxes, electronic
destination signs, and laptop computer diagnostic programming.
1,7. CNG handling and safety methods including: engine maintenance techniques; fuel
tank inspection; fueling procedures; methane gas leak detection; shop safety
systems; and ventilation requirements.
Staffing levels shall be in accordance with minimum levels in Attachment 11. Training for
maintenance personnel shall be provided, at a minimum, as defined in Attachment 5.
2. MAINTENANCE PERSONNEL SKILLS
2.1.
Inspect bus engines, transmissions, CNG fuel systems, and other mechanical,
electric, and electronic parts and components.
Diagnose bus engine, transmission, CNG fuel systems, and other mechanical
electric, and electronic parts and component system problems.
Repair bus engines, transmissions, CNG fuel systems and other mechanical,
electric, and electronic parts and components when necessary.
Diagnose and repair electronic components such as the bus electronic control
system, fareboxes, electronic destination signs, wheelchair lifts/ramp mechanism
and air conditioning systems.
2.2.
2.3.
2.4.
3. PREVENTIVE MAINTENANCE
CONTRACTOR shall adopt and maintain a formalized preventative maintenance program for all
vehicles in conformance with manufacturers' preventative maintenance schedules, state law,
industry standard practices, and detailed maintenance required by AGENCY. The attached
Preventative Maintenance Inspection (PMI) Checklist details the exact PMI intervals required by
AGENCY, as well as the minimum requirements for each interval (based on manufacturers
recommended schedules). Any PMI procedures that go above and beyond these minimum
requirements are entirely up to CONTRACTOR, but the minimum requirements must be met
within +/- 500 miles of the specified interval.
11
The mileage intervals are based on scheduled mileaqes rather than a progressive PMI cycle.
This means that PM Is get scheduled based on pre-determined mileages rather than measuring
from the miles of the previous inspection as in the progressive system (e.g. if the last Inspection
was done at 3,250 miles, the next one is due at the pre-determined 6,000 miles, rather than at
6,250). Time based intervals (hourly, weekly, etc.) shall not be a determining factor for PMls for
the duration of the contract. However, if a vehicle has been out of service for more than 30
continuous days, the vehicle must be given an A inspection in order to inspect CNG tanks,
brakes, and other related items in an A inspection prior to re-entering revenue service. Any
vehicle that has had major repairs, such as the repair of major body damage or collision repairs
shall have an inspection conducted by AGENCY staff to insure vehicle has been returned to full
compliance.
CONTRACTOR must also meet or exceed the PMI requirements set forth by vehicle builders
and all major component manufacturers (New Flyer, Detroit Diesel, Cummins, Allison, IIIIIIII
- LlFT-U, RICON, GFI Genfare, Twin Vision, Lincoln Composites, etc.). Major components
include, but are not limited to, engines, transmissions, A/C and heating, doors, radios,
wheelchair lifts, fareboxes, destination signs and CNG fuel tanks. Failure to follow both
AGENCY and manufacturers' guidelines may result in the liquidating of damages and/or
termination of this Agreement. AGENCY shall determine CONTRACTOR's compliance with the
above requirements by reviewing detailed monthly PMl reports and by utilizing an independent
maintenance consultant. AGENCY selects buses randomly for independent third party
inspections. Inspections occur roughly 2 to 3 times per year, however, if necessary AGENCY
may increase frequency of independent inspections.
If CONTRACTOR wishes to revise some of these requirements during the course of the service
agreement (because of new information, or techniques that have been approved by the
manufacturer), it may present a revised plan, with supporting documentation, to AGENCY for
review. AGENCY decisions regarding revised PMI procedures shall be final.
In addition to these minimum PMI requirements, CONTRACTOR must also create and
implement PMI functions for the following equipment:
1. Compressed Natural Gas (CNG) tanks, connectors, fittings, hoses, etc. - A CNG tank
inspection program must be implemented at the start of the contract that will address all
safety requirements of the bus and tank manufacturers as well as any other
requirements from CHP, Title 13, or other. CNG tanks must be inspected for damage
and or leaks at least every 3,000 miles (A PMI inspection) or more depending on
manufacturer and other requirements. AGENCY supplies portable gas detection
monitors to assist CONTRACTOR with gas detection and inspections.
2. CNG Fuel Systems - A Specific CNG fuel system PMI section shall be developed to
address some of the differences between CNG and diesel engines. This PMI schedule
and its inspection points must conform at a minimum to the manufacturers requirements
and all safety related items must be addressed in the program.
3. CNG Gas Detection and Fire Suppression Systems - A detailed program shall be
developed to address the PMI needs of these systems. This shall include at a minimum
the calibration of gas detection units, testing of the fire suppression agent canisters, and
inspections of the wiring, harness etc. There are currently systems supplied by
AMEREX and Santa Barbara Dual Spectrum. CONTRACTOR must also conform to
guidelines provided by these manufacturers or any future gas detection and/or fire
suppression system vendor.
12
4. Driver Seats - A detailed PMI program must be deyeloped for driver seats fleet wide.
Each seat manufacturer's requirements must be met at a minimum and driver safety,
comfort, and accessibility must also be a consideration. Prolonging the life of the seat
should also be a major factor in creating the PMI schedule. This should include the
mechanical systems, seat foam/cushions, seat coyers, as well as cleaning and cosmetic
issues. All driver seats on buses being supplied are currently supplied by USSC with air
cushions and lumbar supports and automatic controls for adjustments.
5. Heavy-duty Lifting Systems - A detailed PMl program should be deyeloped to ensure
these systems are in safe working order at all times and ensure they are able to achieve
their maximum useful life. The program shall meet all requirements of the manufacturer
and address all warranty related issues. All supplied lifts have the capacity to handle
heavy-duty transit buses.
6. Wheelchair Lifts and Ramps - While Lift-U lifts have detailed PMls spelled out clearly in
the PMI attachments, there are Mobil Tech lifts and Ricon ramps on certain buses in the
fleet. PMI programs for these systems shall be developed to meet the manufacturers'
requirements to address warranty, safety, reliability, and longevity issues.
4. MECHANICAL MAINTENANCE PROGRAM
CONTRACTOR, at its sole cost and expense, shall provide all lubricants, repairs, cleaning,
cleaning agents, parts, supplies, labor, maintenance, major components, and component
rebuilding and replacement required for the operation of all equipment pursuant to this
Agreement unless otherwise indicated. CONTRACTOR shall be fully responsible for the safe
and efficient maintenance of all vehicles and equipment, radios, fareboxes, and all other
AGENCY-provided equipment to be used to perform this Agreement in strict conformity to all
CHP regulations and Title 13 requirements.
AGENCY may inspect any vehicle at any time. CONTRACTOR shall allow AGENCY, or its
designated agent, access to CONTRACTOR's facilities and records for the purpose of
monitoring the CONTRACTOR's maintenance performance, as AGENCY deems necessary.
AGENCY shall be permitted to view and copy any vehicle maintenance records, inspect
vehicles, and request CONTRACTOR's personnel to drive vehicles and/or position vehicles to
inspect the undercarriage, as is necessary to evaluate the condition of vehicles used in the
performance of this Agreement. AGENCY, or its designated agent(s), shall conduct such
inspections on a regular basis.
All parts, materials, tires, lubricants, fluids, oils and procedures used by CONTRACTOR on all
AGENCY-owned coaches, vehicles and equipment shall meet or exceed Original Equipment
Manufacturer (OEM) specifications and requirements. All parts installed by CONTRACTOR on
AGENCY-owned buses shall become property of AGENCY. CONTRACTOR is responsible for
all parts related the to the CNG fuel systems for the engines and all components related to the
CNG supply system on board the bus. It is not expected that any bus prior to Year 2000 would
have any warranty remaining on any components. The six (6) replacement buses due in 2003
would have some parts on warranty for part of the first year of the agreement. Most warranty
coverage would be for the first year of the vehicle on components and first two years of the
vehicle on the engines and transmissions.
CONTRACTOR must use a few specified proven products at all times (listed below). If
CONTRACTOR determines there to be an approved equal or alternative to these products, it
must submit the request in writing, along with all supporting documentation, to AGENCY for
13
review. AGENCY decisions regarding requests for alternative products shall be final. These
products can be described as follows:
CNG Engine Oil - 76 Lubricants Company, Triton VGEO Plus
Diesel Engine Oil - 76 Lubricants Company, Guardol QL T Multigrades
Automatic Transmission Fluid - 76 Lubricants Company, Super ATF
Brake Pads - Marathon HeatStar HS
Diesel Fuel shall meet CARB requirements
Refrigerant - R134A
AC Compressor Oil shall be polyolester oil (ThermoKing No. 203-413)
Coolant shall be Propylene Glycol type
At a minimum, the Maintenance Program must provide that:
4.1.
4.2.
4.3.
4.4.
4.5.
4.6.
4.7.
All wheelchair lifts, ramps, and other accessibility-related equipment shall be
inspected, serviced and lubricated at intervals necessary to insure that all
accessibility features are fully operational whenever the vehicle is used in revenue
service.
Fareboxes, radios, destination signs, public address systems, request-to-stop
systems, passenger doors shall be inspected, serviced and lubricated at intervals
necessary to ensure that this equipment is fully operational as designed whenever
the vehicle is used in revenue service.
At least every 6,000 miles at a preventative maintenance inspection, a laboratory
engine and transmission oil analysis shall be performed on every AGENCY-provided
bus engine or transmission. The analysis program used by CONTRACTOR shall be
subject to approval by AGENCY.
Brake inspections and adjustments shall be performed at intervals that insure the
safe and efficient operation of the braking system. Since all vehicles are equipped
with slack adjusters, the traditional "X" brake inspection at 1,000 or 1,500 miles is
optional. Brakes must be fully inspected, at a minimum, of 3,000 miles at the "A"
inspection.
All components of the bus bodies, appurtenances, and frames shall be maintained in
a safe, sound and undamaged condition at all times. Damage (including body
damage and all bus appurtenances) shall be repaired in a professional manner
within three weeks (21 calendar days) of occurrences. In the event that the repairs
cannot be made within three weeks due to the severity of damage, and/or backorder
of parts not typically in CONTRACTOR's inventory, CONTRACTOR shall work with
AGENCY to establish a reasonable schedule for completion.
All mechanical, electrical, fluid, air, and/or hydraulic systems shall be maintained in a
safe and fully functional (as designed) condition at all times.
The interior passenger compartment shall be free of exhaust fumes from the engine,
engine compartment, and exhaust system of the bus at all times.
14
4.8.
Heating, ventilation and air conditioning (HVAC) systems shall be maintained and
used to insure that the passenger compartment temperature is comfortably
maintained under all climatic conditions at all times during revenue service.
CONTRACTOR shall maintain the AlC systems in an operable condition throughout
the entire year.
4.9.
Driver and passenger seats shall be maintained in proper operating condition at all
times. All rips, tears, cuts, gum, graffiti and other damage shall be cleaned or
repaired in a professional manner immediately upon their discovery. CONTRACTOR
shall replace seat covers that are worn or cannot be professionally repaired, using
materials that are identical in design and color as those materials being replaced.
4.10. Bicycle racks (front two position SportWorks) are provided on all buses provided for
this service. CONTRACTOR shall maintain bicycle racks in good working order.
Racks shall be inspected every 3,000 miles with the "A" PMI. Racks may need to be
sanded, repainted or polished, or replaced (if not easily repaired). All replacement
racks not provided by AGENCY shall be stainless steel.
4.11. CONTRACTOR, as manager of the fleet, shall establish and maintain a spare parts
inventory based on the age and variety of vehicles, sufficient to ensure that peak
hour vehicle requirements are met.
4.12. AGENCY may remove a vehicle from revenue service if AGENCY determines that
maintenance on any vehicle is not in conformity with this Agreement.
4.13. CONTRACTOR, as an agent for AGENCY in the case of warranted equipment, will
be responsible for ensuring that the vehicle manufacturers and all component
manufacturers perform or reimburse CONTRACTOR for all parts and labor, which
are covered under warranty. CONTRACTOR shall diligently follow the preventative
maintenance program so any warranty coverage on AGENCY-owned or provided
equipment is not lessened or invalidated.
4.14. Upon completion or termination of this Agreement for any reason, CONTRACTOR
shall return vehicles and all other AGENCY-provided equipment to AGENCY with no
deferred maintenance or damaqe, less reasonable wear-and-tear as determined by
AGENCY.
4.15. CONTRACTOR shall maintain a preventative maintenance program for the
maintenance of driver seats on all revenue vehicles. This shall conform to and be no
less strict than the seat and/or vehicle manufacturers' recommended preventative
maintenance program. It shall include, at a minimum, inspection, repair, and
replacement for seat cushions, frames, armrests, and all electrical, mechanical, and
pneumatic components.
4.16. CONTRACTOR shall follow the specific Facility Maintenance Program (details in
ATTACHMENT #7), that shall include at a minimum, monitoring and PM programs
for the following items: facility gas detection systems, exterior and interior lighting,
waste oil tanks, storm water pollution control plans (SWPP required), maintenance
area overhead doors, air compressor, fire alarm/extinguisher system, and fueling
station procedures (diesel and CNG).
15
4.17. CONTRACTOR is responsible for all towing services related to this AGREEMENT.
4.18
Tire maintenance and replacement are the responsibility of the CONTRACTOR.
Incumbent contractor has a subcontract for tire supply. CONTRACTOR shall
endeayor to work with incumbent contractor to continue existing tire subcontractor or
transition to a new tire subcontractor. This shall be included in CONTRACTOR's
transition plan as submitted to AGENCY after contract award.
5. MAINTENANCE SHOP PRACTICES
5.1.
5.2.
5.3.
5.4.
5.5.
The maintenance Quality Assurance and Warranty Manager shall verify the quality of
the work performed by re-inspecting five (5) PM Is per week and add his/her
signature to the PMllnspection form.
Tires shall always be matched (by manufacturer, size, and tread pattern) on each
axle. All 25 New Flyer buses have Alcoa aluminum wheels. CONTRACTOR shall
follow Alcoa-recommended guidelines for wheel maintenance and cleaning. All Gillig,
Orion, and Chance coaches have painted steel wheels. CONTRACTOR shall clean
wheels weekly and re-paint as necessary.
Broken or cracked glass or window liners shall be replaced immediately upon
discovery. No buses shall enter into revenue service with broken or cracked glass at
any time. Scratched or etched glass or window liners shall be replaced weekly
unless significant damage or offensive in nature, which shall require immediate
replacement.
Bus Brake Replacement
5.4.1. Drums will be turned with hubs attached.
5.4.2. Brake blocks will be matched to drums by size; i.e., 1X, 2X, etc.
5.4.3. Both brakes on an axle will be replaced at the same time.
5.4.4. Premium brake blocks will be used - Marathon HeatStar HS is required.
5.4.5. Wheel seals will be replaced with every brake job and bearings will be checked.
Other
5.5.1. Cradle motor mounts shall be replaced in pairs.
5.5.2. Radiators shall be re-cored at the time of engine replacement.
5.5.3. Bus maintenance and storage facilities shall be free of freestanding water. All oil,
grease, fluids, dirt, trash, rags, boxes, etc. shall be removed from bus
maintenance and storage facilities daily.
16
6. BUS MAINTENANCE RECORD KEEPING
CONTRACTOR will maintain an up-to-date vehicle file for each vehicle containing, at a
minimum, the following information:
Year and Make;
Model;
Serial number/AGENCY fleet number;
AGENCY Property 10 number and serial number of installed AGENCY-Owned
equipment;
6.5. License number;
6.6. Vehicle Identification Number (VIN);
6.7. Date received;
6.8. Date placed in service;
6.9. Annual miles;
6.10. Contract miles;
6.11. Life miles;
6.12. Major Component Rebuild and Replacement including date and life-miles;
6.13. Vehicle repairs;
6.14. Preventive Maintenance Inspection Reports;
6.15. Daily "Bus Condition" reports; and,
6.16. Work Orders.
6.1.
6.2.
6.3.
6.4.
CONTRACTOR is required to utilize the - maintenance reporting software provided by
AGENCY and currently in use for the existing fleet.
The npreventive Maintenance Inspection" Report will be kept for at least four years for all
vehicles. The Daily Bus Report will be kept for the period required by the California Highway
Patrol (CHP).
Copies of the nPreventive Maintenance Inspectionn report will be submitted to AGENCY on a
monthly basis if so requested by AGENCY. AGENCY shall coordinate with CONTRACTOR for
submittal of selected summary type reports from the computerized maintenance system. Any
Daily Bus Report shall be submitted to AGENCY upon request. CONTRACTOR shall submit
the entire vehicle file or selected reports from the maintenance software system to AGENCY
upon request. The computerized maintenance software system must be backed up regularly
and a copy of the back up provided to AGENCY monthly.
7. SAFETY
7.1
7.2
AGENCY will require that the Motor Carrier Unit of the CHP annually prepare and
submit to AGENCY a Safety Compliance Report (CHP 343) and Vehicle Inspection
Reports (CHP 343A). CONTRACTOR shall fully cooperate with, and allow access as
requested to, any CHP officer or agent for the purposes of preparing the CHP 343.
CONTRACTOR must attain satisfactory ratings in each category of the Safety
Compliance Report. CONTRACTOR must expeditiously correct any deficiencies
noted on any CHP vehicle or terminal inspection report.
AGENCY requires that CONTRACTOR regularly inspect and maintain all safety
equipment used or required in the fulfillment of this Agreement. CONTRACTOR is
responsible for purchasing, at its own cost, fire extinguishers, first aid kits, first aid kit
17
refill supplies, and triangle reflector kits sufficient to ensure that spares are always
available and that the operation maintains compliance with local, state, and federal
safety regulations. Drivers' daily vehicle inspection shall include a check of the fire
extinguisher and triangle reflector kit. Used, missing, or broken items must be
replaced as soon as practicable. All yehicle and facility fire extinguishers shall be
inspected and tagged no less frequently than annually. First aid kits shall be
inspected and professionally serviced at least once per year.
8. AGENCY REIMBURSEMENT OF ENGINE AND TRANSMISSION REBUILD COSTS
AGENCY recognizes that during the term of this Agreement, engines and/or transmissions of
AGENCY-owned buses not under warranty may have to be rebuilt or replaced. (See also
Exhibit A, Section 7.16.)
8.1.
8.2.
8.3.
8.4.
8.5.
If CONTRACTOR determines that an engine or transmission needs to be rebuilt or
replaced, within 24 hours of determination the CONTRACTOR shall notify AGENCY,
in writing, detailing the reasons for such a determination and including pertinent
information from the vehicle file and a detailed outside vendor's cost estimate.
After its inspection and review, AGENCY may direct CONTRACTOR, in writing, to
proceed with the recommended work.
CONTRACTOR will only be permitted to pass through to AGENCY the costs related
to any engine or transmission work accomplished following the above-mentioned
procedure. AGENCY will not be liable for any costs if CONTRACTOR does not
follow the above-mentioned procedure. CONTRACTOR must submit a detailed
invoice to AGENCY for all such work. CONTRACTOR is responsible for removing
and replacing engine and/or transmission from the vehicle and all related labor costs.
If AGENCY determines that such work is necessary due to poor maintenance
performance by CONTRACTOR, AGENCY will not be liable for any costs.
CONTRACTOR shall remain responsible for all costs related to repair or
replacement of any engine-driven part including, but not limited to, generators,
hydraulic pumps, water pumps, fuel pumps, valve covers, oil pans, alternators,
yoltage regulators, air compressors, air-conditioning compressors, vacuum pumps,
starter motors, and turbocharger. CONTRACTOR shall also remain responsible for
all costs related to repair or replacement of transmission-related parts including, but
not limited to, oil coolers, external oil lines, external filters, external linkage
modulators, external speedometers/odometers, ndriven" gears or sensors, neutral
start switches, and temperature sensors.
9. FUELING OF VEHICLES
9.1
CNG Fuelinq
Initially, 25 buses will be fueled with Compressed Natural Gas. The CNG
compressor station is agency owned. All responsibilities of the CNG fueling station
are the responsibilities of the AGENCY. The CNG station has been designed with
the minimum requirement of fueling one vehicle per every 10 minutes. Some buses
18
9.2
may be fueled mid-day on weekdays for mid-day reliefs and all 25 CNG buses
(unless out of service) are fueled each night seven days per week.
A contingency CNG fueling plan shall be developed to fuel at the MTS South Bay
Maintenance Facility (SBMF) at 3650A Main Street in Chula Vista, or at San Diego
Transit's Imperial Avenue Division (lAD) in the event of CNG compressor shut down
for any extended period. Buses must be transported by CONTRACTOR to the
SBMF or lAD for fueling by MTS Contractor or SDTC personnel respectively.
Additionally, in the event of system failure at lAD or SBMF, buses can be fueled at
the Maxwell Maintenance Facility (MMF) CNG fueling station as necessary.
CONTRACTOR must agree to participate in the contingency fueling plan and agree
to transport buses to other locations, if necessary.
The MMF layout currently includes one set of two service lanes on the north side of
the facility using the north driveway as access.
CONTRACTOR shall have procedures established in the event of emergency for
proper notification to AGENCY, maintenance contractor or provider, SDG&E, MTDB
officials, and City of Chula Vista Fire Marshall.
Diesel Fuelinq
AGENCY will provide a underground fuel tank for storage of diesel fuel. The tank
system is monitored by an electronic monitoring system. Any replacement of parts
related to the electronic monitoring system shall be the responsibility of AGENCY.
AGENCY shall purchase the type and grade of diesel fuel to be used in vehicles
under this Agreement.
There are two diesel fuel dispensers, each with one hose operated with an electronic
fuel management system. All diesel buses shall be fueled every night.
19
PREVENTATIVE MAINTENANCE INSPECTIONS (PM I) - CHECKLIST
MINIMUM REQUiREMENTS (BASED ON SCHEDULED MILEAGE)
A: Adjusted
R' Repaired
BUSt
L: Lubricated
X' Replaced
MILES-
T: Tested
I' Inspected
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
'2'1
30
31
32
33
34
ITEM I INSPECT OR SERVICE l,-vDtI COMMENTS
.' III .
Start the enaine Look and listen for Sinns of trouble.
Enalne. transmission. and undercandoe Inspect tor leaks. Steam clean or oressure wash.
"RUN' switch Check for praDer operation In each swllch oo~tlon.
Rood test Monllor overall coach rood abllltv and performance.
Door/broke Intenock Check ooerafton.
Parklnn broke Check by trylnn to move the coach with the knob pulled up
Air oovemor Check air pressure cut-In and cut-out seltina.
Compressor build-up ftme Check for moper oneratlon.
Dnvers seat Check operafton and lubricate.
Dnvers seat belt Check operafton and Inspect for damaoe.
Drivers window Inspect for damaoe.
SUn visor Check operation and Inspect for damaoe.
Pedal PIvots Lube and Inspect.
Electric toot pedal Check return sprlnas.
PA system Check operafton.
Parklna broke decal Check condlfton.
Decals Check all decals for damane.
Directional and emeroencv lIohts Check operation.
Fast Idle Check operation.
Horn Check operation.
Gau es Check all oau es for proper operation.
Warnlna lamp system Check all wamlrici-Iamos and buzzers.
Dash switches Check operafton.
Climate control Check operation of heater and AC.
Steerln column Check operation and Inspect for damaoe.
Door cantrol valve Check oneratlon.
Door openlna and clo~na speed Check for proper speed adjustment and lube.
Exit door Check onerafton and lubricate. test sensitive edoe & drunk alarm
Desftnafton sian Check operafton and all lamps.
Windshield wiper and washer Check operafton. inspect tor damane. and check ftuld level
Defrost & Drivers vent Check operafton.
Kneellno system Check operation.
Kneeler warnlna horn Check ooeratlon.
Wheelchair 11ft Check operation & fluid level.
Test pressure sensitive mat & senslftve edaes.
Floor coverlnn. Inspect for damane.
Passenoer chime Check onerafton.
Windows and miITors Check operafton and inspect for damaae. Lube.
Passenoer seats Insoect for damnn e. sharp edoes. & loose seat mounftnas.
Roof escape hatch Check operafton and moper seal.
Grab rails and stanchions lnsoect for dama e. sharp ednes. & loose mounftno bolts
Interior lIahts Check operation.
Interior trim Inspect for damone. sharp ednes. & misslnQ or loose screws
Modestv panels Inspect for dama e. sharp edaes. & misslno or loose screws
Bock-up alarm horn Check operation.
011 pressure Check 011 pressure at Idle & at full throffie
Innlfton calls & spc rk pluQS wires Check condlfton.
Gas manual shut oft Check valve for proper operation.
Battery Wash and check all cables. Clean and coat terminals.
Check wafer level.
Radiator core Wash with WATER HOSE ONLY.
AIr clrculafton system Clean air Intake grills and change fllters.
Wash with WATER HOSE ONLY.
1 Wheels Inspect for damone. sharp edaes. & pro er stud nut torque.
TIres Check for wear. damage and proper operaftng
pressure. Front 110 P.S.I.. Rear 100 P.S.1.
Coach exterior Inspect for damone. I
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
5
52
53
33
54
55
56
57
58
fII
6lJ
III . t
Bumpers Ins ct for dam e. sharp edc es. & loose mounftn bolts.
Exterior lights Check opera11on.
Reflectors Inspect for damaae.
Headlights Check headlight aim and high/low beam operaflon.
Air conditioning com essor Check 011 level at commessor ~oht class.
Drive be~s Insoect fm damoae and moper tension.
Engine mounts Inspect mounts for 011 soaking, wear or damage.
Check bolls and nuts for proper flohtness.
Transmission mounts Inspect mounts for 011 soaking. wear or damage.
Check bolls and nuts fm proper ftohtness.
Fuel system Drain flner cartrldOe.
Steenng arm Inspect for damaoe and proper nut flghtness.
Coolant system Inspect for leaks. Check Condlflon of hoses and pipes.
Tighten hose clamps & proper anft-freeze concenfTafton.
Surae tank Check condlfton and filler caP.
Engine compartment Inspect all lines & hoses for leaks. rubbing. & wear points.
Check lIohts
Pressure Protecfton valve Check for proper opera11on.
Fuel tanks Check far damaae. proper mounftng. seal Integrity. & fuel leaks.
Fuel lines. fiffinas. and seals Check for damaae, proper mounflna. seallnteerlty. & fuel leaks.
Chassis Inspect and lubricate enflre undercarriage.
1 Front suspen~on Check for roper alignment and damaaed or warn pOrts
Tie rod ends Check for wear and lubricate.
Drag link ends Check far wear and lubricate.
Spindle and Kina Pins Check for wear and lubricate.
PItman arm Check tightness and wear.
Frant hubs Check far leaks and praper 011 level.
Suspen~on air system Inspect all air lines and air sennas.
Leveling valves Inspect for leaks and proper ride height.
AIr Tonks Drain and Inspect for damage.
Shock absorbers Check for leaks & damaaed or worn bushlnas.
1 Frame Check tor cracks.
Walklna beam/equalizer Check condlflon.
Steering wheel play Check and measure In.
Brake cam rollers Inspect.
Purge valve operation Check for Proper opera11on.
Primary slnole check valve operaflon Check for proper opera11on.
7 Secondary ~n Ie check valve operafto Check for proper opera11an.
8 EmergencySR-l valve Check for proper opera11an.
Radius rods Check for proper torque and wOrn bushlnQs.
Stabilizer bor Inspect for damaaed and WOrn pOrts.
1 Rear axle Check for leaks and prooer 011 level.
Rear axle brackets Inspect for cracks and damaae.
3 Drive line bolls Check for proper ftohtness. Lube U-Jolnts.
Brake Chambers Check diaphragm and air lines for leaks. FRT:-
Rod ITavel frt max. 1 3/4' rearmax. 21/4. REAR:
5 Brake shoes Check lining thickness.
6 Brake ~ack od uster Check opera11on and use Haldex Informafton sheet Instrucftons
7 AIr dryer Inspect for leaks and replace cartrldae ~ needed.
8 Mud flaps Check for damaae.
Steenng gear box Check and adjust ~ needed.
Closure doors Inspect for damaae and proper latching.
1 En Ine exhaust man~old Check bolts for ftghtness.
Exhaust Inspect for restrlcftons and leaks.
Engine cooling fan Check operafton and fan blades.
En Ine Check 011 level.
Sending units Check all eleclTlcal sendlna units for leaks and proper operation
En lne Idle speed Check and adjust If necessary.
7 Transmission Check fluid level.
HYdraulic system Check fluid leyel.
Bicycle Rack Check for proper opera11on and lubricate.
0 Coolant Check fluid level.
1 Interior/Exterior Make sure all areas worked on are clean and free of
hand prints; and access panels are secured.
2 Foreman Inspect work ond sign-off upon completion.
61
62
63
64
65
66
67
68
69
70
7
72
73
74
75
76
77
78
79
80
8
82
83
84
55
86
8
8
89
90
9
92
9
94
9
9
9
9
99
100
10
102
103
104
105
106
10
108
109
11
11
11
34
PREVENTATIVE MAINTENANCE INSPECTIONS (PMI) - CHECKLIST
MINIMUM REQUIREMENTS (BASED ON SCHEDULED MILEAGE)
A: Adjusted
R: Repaired
BUSt
L: Lubricated
X: Replaced
MILES-
T: Tested
I: Inspected
ITEM INSPeCT OR SERVICE IÇODq COMMENTS
. III . ... . .. - .. . - . - .
12 Fire suppression system Check for proper operation and system certlficatlonl
expiration date.
13 Gas detecfion system Check for proper operation and calibrate as needed.
14 011 Filter Replace 011 filter - Qf Selnner Svstem. clean and service only).
15011 sample Drain 011 sample from enalne and transmission.
16 Engine crankcase (011) Drain and refill oil.
17 Coolant filter Replace.
18 Fuel filters Replace.
HVAC system (Refrlgerafion / Heafing)
19 Refrigerant Charge Check (ball floating In top receiver tank sight glass).
2( Refrigerant Hoses and Tubing Visually Inspect for damaae.
21 Refrigerant & 011 Visually Inspect for leaks.
22 Moisture Check dry eye In bottom receiver tank sight glass and/or IIqïld IIn¡
slaht alass for moisture content.
HVAC system (Compressor/Clutch)
23 Clutch Armature VisuallY Inspect for wear & ovemeatlna caused by sllppaoe.
24 Compressor Drive Belts Visually Inspect for excessive wear. tension. and alignment (refer to
bus manufacturer and/or befl supplier for proper tension). 'I'
~ Compressor 011 Check 011 level and color (1/2- 7/B" way up on the sight glass
after 15 minute operation - 4GB compressor).
HVAC system (StructuraQ
26 Condenser Coli Inspect for cleanliness.
27 Evaporator Coli Inspect for cleanliness.
28 Return Air Flfler Clean or replace.
29 Unlt/Structure Inspect for loose. damaged. or broken parts.
Wheelchair 11ft (Llft-U)
30 Stow Deploy Chains and Conn Unks - A. Rust I Corrosion.
31 Inspect For: B. Absence of cotter pins I keepers.
32 C. Proper adjustment.
33 D. Lubrication (Lube with P515-0012).
34 E. Jam nuts secure.
3S Stow Motor Chain and Conn Unks - A. Rust I Corrosion.
36 Inspect For: B. Absence of cotter pins I keepers.
37 C. Proper adlustment.
38 D. Lubncafion (Lube with P515-0012).
39 Hydraulic Hose Electrical Cable Bundle A. Proper roofing.
4C Inspect: B. Leaks (noseS).
41 C. Chafing.
42 Stow Motor I Stow Shaft Inspect hydraulic hoses & fittlnas for leaks.
43 Stow Deploy Umit Switch Inspect limit switch arm for looseness.
44 Chain LImit Switch Inspect limit switch arm for looseness.
Slack Chain Notes: A. Forward lift cylinder must operate freely up and down. allowing
the chain swflch to operate propeny. I'
B. Uft cylinder chain must be fiexlble. allowing
the chain switch to operate propeny.
1~ Proximity Switches - Inspect For: A. Damage to the senslno end.
14< B. Gap between senslno end and targets (Gap .030 to .060).
147 Hydraulic Power Source Inspect fiuid level.
148 Crutch Bearing -Inspect For: A. Proper adjustment.
149 B. Galling - Transferring of brass crutch bearing particles to
torque shatl coupllno.
1SC C. Lubrication (Lube with multi-purpose orease).
151 Hydraulic System - Manual Operafion: A. Stow. deploy. raise. lower.
152 B. Roadside borrler up.
153 C. Roadside barner down.
154 D. Curbside barner up.
155 E. Curbside barrier down.
151 "Manual Operofing Procedure" Decals Inspect to ensure they are there and that they are readable.
35
. III . . ... . .. . .. .- .. .
Wheelchair 1111 (un-V) (Continued)
157 Main Uft Cylinders - Inspect Forward & A. Cylinder clevis pins free of rust & corrosion & must move freely.
158 B. C IInder clevis pins keeoers.
159 C. Jam nut must be tight against cylinder rod.
16( D. Min. thread engagement of I' on tumbuckle bolts.
161 E. :saeed of 11ft In cushion area.
162 F. Apply lubricant to cushion adjustment screw cavities (LUj with
anti-seize compound).
163 Stow Latch Cylinder - Inspect For: A. Leaks In hydraulic hose and fittings. I
164 B. Lubrication on stow latch foee (Lube with Door-Ease). I
161 Push-Off Spring Inspect (Note: Replace springs every 6 years or 8.000 cycles).
166 Handrails - Inspect For: A. Structurallnl.egrlty.
167 B. Bolts secured.
168 C. Crocks In the tublnjL
169 Curbside Barrier Unkage and Cylinder - A. Structural Integrity of barrier.
17! B. Barrier angle.
171 C. Pivot points for damage and wear.
172 D. Cylinder attachment baits.
173 E. Leaks In hYdraulic hoses and fittings.
174 F. Slide link & rod.J¡ulde lubrication (lube with anti-seize compound).
m Roadside Barrier Unkage and Cylinder - A. Structural Integrity of barrier.
17 B. Barrier angle.
177 C. PIvot points for damage and wear.
178 D. Unkage/cyllnder jam nuts.
179 E. C IInder clevl~pln keepers.
181 F. Leaks in hydraulic hoses and fittings.
181 Uft Master Chains and Conn Unks - Ins¡: A. Rust / Cwosion.
182 B. Absence of cotter pins / keepers.
183 . C. Lubrication (Lube with P51 5-001 2).
18 Slave Chains and Conn Unks - Inspect F A. Rust / Corrosion.
185 B. Absence of cotter pins / keepers.
18< C. Proper adjustment.
187 D. Lubrication (Lube with PSI 5-001 2).
188 E. Jam nuts secure.
189 Foreman Inspect work and sign-off upon completion.
36
PREVENTATIVE MAINTENANCE INSPECTIONS (PM ) - CHECKLIST
MINIMUM REQUIREMENTS (BASED ON SCHEDULED MILEAGE)
A: Adjusted
R: Repaired
BUS#
L: Lubricated
X: Replaced
MILES-
T: Tested
I: Inspected
ITEM INSPEçT OR SERVICE ~¡ çOMMENTS
, III . ... . .. - -. . - . . : ..
190 Transmission Drain and refill.
191 Transmission filters Replace.
192 Turbo Check recirculation valve.
193 Alrfllter Replace.
194 Rear axle fiange nuts Check tor proper torque.
1'1"- AMEREX system Perform blannuallnspecfion & callbrafion (torms # 1 0723 & # 11900)
Farebox
19 Coin Mechanism Remove and Replace
197 Bill Transport Remove and Replace
19f Coin Escrow Inspect window. frame. bearings. solenoid. display lamp.
Bulb #161. and coin plate tor damage andproper operafion.
199 Cashbox Inspect lock mechanism. lock borrel. & interior mirror tor damage &
proper operation. I I
""- Dollar Bill Stuffer Inspect oilite bearing & rulon bearing tor damage & proper operafion.
Inspect plastic tor damage. but do not lubricate befis & fires.
201 Electronic Lock Check adjustment. I
Inspect pinion & drive gear tor damage & proper operation.
2( PIC Boards Clean connectors and dust & vacuum boards. I
203 General Inspect key pad. decals. and cashbox door tor damage. I
20' Test Perform selt test (use red jumper) I
2Oi: Memory Check values In memory (bus #. tarebox #. etc.). then clear memo
20< Registers Reset registers
207 ~Inne~stem Dt equipped) Replaced element and service.
208 Video Surveillance System (fi equlppeo Replace VCR.
2W Foreman Inspect work and sign-off upon completion.
37
PREVENTATIVE MAINTENANCE INSPECTIONS (PM I) - CHECKLIST
MINIMUM REQUIREMENTS (BASED ON SCHEDULED MILEAGE)
A: Adjusted
R: Repaired
BUSt
L: Lubftcated
X: Replaced
MILES-
T: Tested
I: Inspected
2
2
2
2
2
2
2
2
2
2
220
22
222
22
22
22
22
22
ITEM I INSPECT OR SERVICE COD", COMMENTS I
. . .: III . ... . .. . .. .. " .. .
10 HYdraulic reservoir Drain and refill.
11 HYdraulic reservoir filter Replace.
12 Rear wheel bearlnas Clean. Inspect and lubricate.
13 Front wheel bearlnas Clean. Inspect and lubricate.
14 Brake application valve E-6lnstall rebuilt k~.
15 SRI-Valve Install re-bulld k~
16 Quick release valve Install re-bulld kit.
17 Relay valves R-12 and R-14 Install re-bulld kit.
18 Starter cables Insoect for damaae and flghtness.
19 Muffler Inspect for leaks and loose mounflna straps.
Coolant Drain and flush the SYstem.
1 Enalne crankcase Check fluid level.
Transmission Check fluid level.
3 Dlfferenflal Drain and reflil.
4 Coollna SYstem Check coolant level.
5 Hydraulic SYstem Check fluid level.
6 Brake chambers Chanae dlaphrOQms.
7 Batteries Check charging voltage and take hydrometer reading.
HVAC System (StructuraQ
8 Condenser Call Inspect for cleanliness.
Evaporator Call Inspect for cleanliness.
3 Unit Structure Vlsuallv Inspect for loose. damaged. or broken aarts.
31 Return AIr FI~er Clean or realace as needed.
32 Condenser and Evaporator Drains Clean and ensure evaporator drain hose check valves (KOZ¡S)
are In place and In aood condition.
33 Evaporator Fanshaft Bearlnns Lubricate (Shell Alvanla EP2 suaaested).
3' Heater Call System Inspect engine coolant hose & hose clamp for damage and
clean condenser and evaporator coils.
3 Engine Coolant Check for anflfreeze protecflon down to -3D.OF (-34.0 C)
to prevent heater call freeze up.
36 Com ressor Mounting Bolts and Bracke Tlah/en all.
37 Unit & Fan Motor Mounflnp Bolts and Br Tlahten all.
38 Condenser Air Seals and Air Deflector Q Check for damOQe.
39 Evaporator Blower Shaff Coupling Ad)u Check for damage.
and Alignment Qf equipped)
HVAC System (Electrical)
~4( Thermostat Cycle :;ec uence Check for all modes (e.a. cool/reheat. vent/heat).
41 125 Ampere Batteryless Alternator Exclt Check for proper operation and Indications of damage.
Voltaae Output. Brushes & Bearlnas Qf equipped)
42 Alternator Drive Belts Visually Inspect for excessive wear. ten~on. and all nment.
43 Alternator Clean. check for signs of corro~on. and check wire connections.
44 Evaporator / Heater Blower Check motor speed. voltage and amperes (all motors). Also
lnsaect motor brushes & commutator bearlnns (brush type motors)
'4( Condenser Fan Check motor speed. voltage and amperes (all motors). Also .1
Inspect motor brushes & commutator bearlnns (brush tyne motors)
46 Control Panel Area and Return Air Sens Clean with compressed air (may need to be cleaned more frequenfly).
47 Boost Pump (OEM SUpplied) Check motor operation and Inspect brushes Qf equipped).
48 WIres and Terminals Inspect for damage or corrosion. Clean terminals with electrical
contact cleaner If corro~on Is detected.
49 Condenser Pressure Sw~ch / Condense Check for proper operation (~equlpped).
15( Freeze Thermostat Check for proper operaflon (If equipped).
HVAC System (ElectricaQ
51 Thermostat Cycle Sequence Check for all modes (e.g. cool/reheat. vent/heat).
2 125 Ampere Batteryless Alternator Check for proper operation and Indlcaflons Of damage.
Excitaflon Voltage Output. Brushes &
Bearlnas Qf equipped)
53 Alternator Drive Belts Visually Inspect for excess;ve wear. ten~on. and allanment.
54 A~ernator Clean. check for ~gns of corro~on. and check wire connecflons.
22
'l29
2
2
2
2
2
2
2
2
2
25
38
. . .; "I . . ... . .. - .. .. ; ; .
HVAC System (EJeclrlcaO (Cannnued)
255 Evaporator / Heater Blower Check motor speed. voffage and amperes (all motors). Also --'
Inspect motor brushes & commutator bearl"gs (brush_fype motors)
256 Condenser Fan Check motor speed. voltage and amperes (all motors). Also""
inspect motor brushes & commutator bearings (brush fype motors)
257 Control Panel Area and Return Air San Clean with compressed air (may need to be cleaned more trequen!JY2.
258 Boost Pump (OEM Supplied) Check motor operatJon and Inspect brushes Qf equipped). I
259 WIres and Terminals Inspect for damage or corrosion. Clean terminals with electrical
contact cleaner ff corrosion Is detected.
261: Condenser Pressure Switch / Condo Mo Check tor proper operation or", ulppea¡.
261 Freeze Thermostat Check f°!JO'oper operation (ff eq'!i£:>ped).
HYAC system (Rer~raflon I Heating)
26 Refrigerant Charge Check (ball floaff"g In t<:>¡>recelver tank !iQhfJ;¡lass).
263 Refrigerant Hoses and Tubing Visually Inspect for damage.
26< Refrigerant & 011 Visually Inspect for leaks.
261 Moisture Check dry eye In battom receiver tank sight glass and/or liquid line
sight glass for moisture content. '1 1
266 Service Gauge Manifold Set. Install and check system operaffng pressure. femperature. &
sucffan line condlffon. I
267 EvQPOrator Pressure "-agulator (EPR) Check valve operation (ff equipped).
268 Uquld Une Dehydrator Replace (Note: should be changed anytime the system Is opened).
2ó9 Hot Water Control Valve Check operanon Of equJEped).
HVAC system (C""'Pressor/Clutch) I
27( Clutch Armature Visually Inspecf for wear & ovemeanng caused by sllpPDQe. I
271 Compressor Drive Belts Visually Inspect for excessive wear. tension. and alignment (refer to
bus manufacturer and/or bell supplier for proper tension). '1
27 Compressor 011 Check 011 level and color (1/2-7/8' way up on the sight glass
atter 15 minute operation - 4GB compressor).
273 Clutch AIr Gap Check gap of .045+/- .005 In. (1.143 +/-O.127mm) and
surface flatness X426 compressor.
274 Compressor & Clutch Steam Clean.
27t Clutch Call Resistance and Voltaç e Check.
276 Clutch Bearlr1g Lubricate uslr1g Exxon Unlrex N2.
277 ':!!\!r1 Pressure and Low Pressure Cutout Check.
278 Compressor 011 Check for acidify.
279 Compressor Efficiency Check.
280 Compressor 011 Pump Pressure Check.
Wheelchair IIff (Un-U)
281 Curbside Barrier Unkage and Cylinder - A. Structural IntegriTY at barrier
282 Inspect For: B. Barrier a"9le
283 C. Pivot points for damage or wear
284 D. Unkage sef screw/ am nuts
285 E. ~Inder attachment bait.
28/ F. Leaks In hydraulic hoses and flffings
287 G. Lubrication Qube with ann-seize compound)
Lubricate Slide Unk. Rod Guide. Sholder Boll. & Unkage Pins.
288 Roadside Barrier Unkage and Cylinder - A. Structurallnt~of barrier
289 Inspect For: B. Barrier angle
29( C. Pivot points for darT1cIge of wear
291 D. Unkage/C IInder Jam Nuts
292 E. Cylinder clevis In keepers
293 F. Leaks In hydraulic hoses and flffi"95
294 G. Cylinder clevis pins - remove. Inspect and lubricate.
I. Lubrlcaffon (Lube with anff-selze compound).
295 UtI Master Chains and Conn Unks - A.. Rust/Corrosion
29é Inspect For: B. Absence of cofteætn/keepers
297 C. Proper adjustment
298 D. Lubrlcanon (Lube with P515-0012)
299 Slave Chains and Conn Unks - A. Rust/Corrosion
3OC Inspect For: B. Absence of cotter pin/keepers
301 C. Proper adjustment
302 D. Lubrlcaflon (Lube with PSI 5-001 2)
303 E. Jam nuts secured
39
D PMI - 48,000 MILES (CONTINUED) (in addition to all items listed under A, B, & C insp.)
Wheelchair 11ft (UtI-U) (Conflnued)
304 Stow Deploy Chains and Conn Unks - A. Rust/Corrosion
305 Inspect For: B. Absence of cotter pin/keepers
3œ C. Proper adlustment
307 D. Lubrlcaflon (Lube with P51 5-001 2)
308 E. Jam nuts secured
30' Stow Motor Chain and Conn Unks - A. Rust/Corrosion
31 Inspect For: B. Absence of cotter pin/keepers
311 C. Proper adjustment
312 D. Lubrlcaflon (Lube with P515-0012)
313 Hydraulic Hose Electrical Cable Bundle A. Proper roufing
314 Inspect: B. Leaks (hoses)
31 C. Chafina
316 Stow Motor / Stow Shaft - Inspect For: A. Sprocket alignment
317 B. Set screw In sorockets
318 C. HYdraulic hoses/fllllngs for leaks
319 D. Set screw In bearina
32C E. Sorockets for wear or damage
321 Stow /Deploy Um~ Sw~ch - Inspect For: A. Stow switch must acfiYate 1/2" before full stowed
322 B. Deoloy switch must acflyate 1/2" before fully de lay.
323 C. Loose limit sw~ch arm
32' Chain Um~ Sw~ch A. Adjustment between IIm~ sw~ch arm and trio
32~ B. Loose limit sw~ch arm
Slack Chain Notes: A. Forward 11ft c IInder must operate freely uo and
down. allowlna the chain switch to operate orooerly
B. Uft cylinder chain must be flexible. allowlna
the chain sw~ch to operate properiy
32 Proximity Sw~ches - Inspect For: A. Damaae to the sensing end
327 B. Gap between senslna end and taraets (GAP .030 to .060)
328 Hydraulic Power Source - Inspect For: A. Fluid leyel
329 B. Fluid pressure (1150-1200 P.S.I.)
33C C. Chance fl~er element
331 UtI Mounflna Bolts - Inspect For: Proper toraue - Refer to bus manufactures torque specs.
33 Crutch Bearina - Inspect For: A. Proper adjustment
333 B. Gallina - Transterrlna of brass crutch bearlna
particles to torque shaft cou ling
334 C. Lubrication (Lube with mulfi-purpose crease)
3 Torque Shaft Coupling Set Screws Inspect.
336 Slide Channel Bearing Blocks Inspect.
337 Manual OperatIon of Hydraulic System A. Stow. deploy. raise. & lower.
338 Check for: B. Roadside barrier up
339 C. Roadside barrier down
34( D. Curbside barrier up
341 E. Curbside barrier down
342 "Manual Operafina Procedure" Decals Inspect to ensure they are there and that they are readable.
343 Main Uft Cylinders - A. Cylinder clevis Ins free of rust & corrosion & must move freely.
344 Inspect Forward & Rear For: B. Cylinder clevis pins - remove. Inspect. & lubricate.
341 C. Cylinder clevis pin keepers.
346 D. Jam nut must be fight against cylinder rod.
347 E. Min. thread enaaaement of I' on turnbuckle baits.
348 F. Speed of 11ft In cushion area.
349 F. Apply lubricant to cushion adjustment screw cavlfies (Lube with
anfi-selze compound).
3& G. Apply lubricant to cushion adjustment screw
cav~les. Lubrication (Lube with anfi-selze compound).
351 Stow Latch Cylinder -Inspect For: A. Proper stow latch enaaaement
352 B. Hydraulic hose/flttlnas for leaks
353 C. Lubrication on stow latch face (Lube with Door-Ease).
354 Handrails -Inspect For: A. Structurallntearity.
355 B. Bolts secured.
356 C. Cracks In the tubing.
357 Fasteners Inspect for torque.
358 Push-Off Spring Inspect (Note: Replace springs every 6 years or B.OOO cycles).
359 Foreman Inspect work and sign-oil upon completion.
MCs.PMI CHECKlJST.EHUR"'-Xl.S 9117101
40
ATTACHMENT #4
BUS CLEANING AND VEHICLE APPEARANCE PROGRAM
CONTRACTOR is responsible for completing the cleaning schedule outlined in this section. All
costs for supplies and labor for cleaning and fumigation of vehicles are the responsibility of
CONTRACTOR. Bus cleaning and maintenance of the appearance shall be scheduled as
follows:
1.1.
Graffiti Removal
Remove any and all graffiti from the bus interior and exterior as soon as possible and
at least daily. AGENCY requires a "zero tolerance" graffiti and vandalism policy. All
removable graffiti and vandalism (including, but not limited to, damaged and/or
vandalized windows, seat inserts, and seat covers) shall be repaired every night prior
to deployment the next day or AGENCY may assess liquidated damages. Minor
scratches or etching on window liners shall be replaced on a weekly basis unless
offensive in nature, which shall require daily replacement. Repairs and/or part
replacement for all other graffiti and vandalism damage (i.e., etching of painted body
or walls) must be completed as soon as possible.
1.2.
Daily
Interior vehicle cleaning will be done on a daily basis. Interior daily vehicle cleaning
will, at a minimum, consist of the following:
1.2.1. Clean inside of all windows and window tracks.
1.2.2. Clean wheelchair tie-down hard points, straps, and hardware.
1.2.3. Dust seats, dash, top, and sides of wheel wells, etc.
1.2.4. Sweep and wet-mop all floor and step (front and rear stepwell) areas,
including removal of all gum.
1.2.5. Empty trashcans.
1.2.6. Restock timetables, comment cards, and Take Oneslinformation bulletins.
1.2.7. Clean all mirrors.
1.2.8. Clean all vertical and horizontal stanchions.
1.2.9. Vacuum all carpeted areas and areas that cannot otherwise be mopped or
dusted.
1.2.10. Removal of all graffiti, except that etched into walls or exterior paint.
1.2.11. Wipe down bicycle racks.
28
1.3.
1.4.
1.5.
1.6
Three Times Weekly
The full exterior of the vehicle (including top) will be washed, and road film, fuel
splashes, etc., remoyed at least three times per week. Exterior windows shall be
cleaned (washed and wiped). Vehicle wheels and hubs shall be cleaned and brought
to an "as new" condition (this may require special treatment); and,
Biweekly
Each vehicle shall receive a "deep cleaning" at least once every 14 days, which shall
include, at a minimum:
1.4.1.1.
Interior:
Wash and clean the vehicle ceilings, side walls, stanchions, handrails,
windows, and passenger seats;
Detail cleaning of driver area, driver seat, and all seat belts (including
wheelchair tie-down straps), and removal of any graffiti and gum from the
walls, seats, and flooring;
Wash and clean wheelchair ramp/lift, passenger door/mechanism areas,
front and rear stepwells, and doorways; and,
.
Detail attention to rear interior section (seats, windows, flooring, bulkhead
grill, etc.).
1.4.2. Exterior:
.
Wash bicycle racks to clean accumulated dirt and grease.
.
Removal of any etched graffiti not possible to be removed on a daily
basis.
Quarterly
Each vehicle shall be fumigated at least quarterly to eliminate vermin and insects.
Every Six Months
Each vehicle exterior (all four sides) shall be waxed and polished every six months.
29
ATTACHMENT #5
EMPLOYEE TRAINING PROGRAMS, REQUIREMENTS, AND REGULATIONS
CONTRACTOR shall prepare plans and schedules for training of all CONTRACTOR'S
employees assigned to this project. CONTRACTOR'S training plans and schedule shall include,
at a minimum: master plan or schedule for all classes, individual class description sheets, and
all handout materials (including applicable notes on operating procedures). Training shall
emphasize facility, equipment, driving, fuel safety, CNG procedures, dispatch and road
supervisors' responsibilities, driver conduct, fare structure and media, operating procedures,
radio procedures, public and customer relations, and service area familiarization. A safety
program shall be implemented and used by CONTRACTOR and all personnel.
1.
ALL CONTRACTOR EMPLOYEES
A.
A meeting of all affected personnel of the CONTRACTOR shall be held prior to
system start-up or major service changes when so requested by AGENCY. No
more than four such meetings will be requested during anyone-year period.
AGENCY shall be permitted to attend and/or present information at these
meetings.
B.
CONTRACTOR shall develop a plan that meets the approval of AGENCY for the
instruction of CONTRACTOR'S personnel regarding knowledge and competence
concerning accident reports, the fare structure, passes, transfers, and customer
relations.
C.
AGENCY will make unannounced check rides. While performing such check
rides, AGENCY will be able to ride buses without paying a fare. Spot checks
may be used for evaluating CONTRACTOR's drivers, checking conformance to
route schedules, checking conformance to Agreement requirements, and
collecting ridership data.
D.
All CONTRACTOR's personnel shall keep all information regarding any
incident or accident in this service confidential. Employees will only speak
to police or supervisory personnel regarding any such accident.
E.
All CONTRACTOR personnel are prohibited from distributing, or aiding in the
distribution of, any fare media, including transfers, passes, and tokens, in a
manner inconsistent with the Uniform Fare Structure Agreement. CONTRACTOR
personnel shall be informed that the theft of any fare media, including the illegal
distribution of transfers, is cause for immediate termination of employment from
services covered under this Agreement.
F.
CNG Traininq - All CONTRACTOR employees working at the Maxwell
Maintenance Facility (MMF) working on or near CNG-powered vehicles, must
complete training in CNG Safety and Equipment Familiarization. This training
must consist of an initial eight-hour course for all covered employees plus a four-
hour annual refresher course (except drivers; driver hours requirements are
shown on the chart included with this ATTACHMENT #5). The CNG Safety and
Equipment Familiarization training shall include, at a minimum:
30
1. General CNG familiarization and safe handling procedures and familiarization
with bus and tank manufacturer's recommended CNG safety procedures
2. Vehicle fuel, alarm, and gas detection systems
3. Building/facility alarm and gas/detection systems
4. Compressor station familiarization and safety
5. Fuel island/fueling safety
2.
BUS DRIVERS
CONTRACTOR shall recruit and train a sufficient number of drivers to provide the
services described in this Agreement. CONTRACTOR shall maintain a sufficient number
of back-up drivers to meet all contingencies without disrupting transit services.
CONTRACTOR shall endeavor to hire and retain qualified vehicle operators and
minimize driver turnover.
A.
Minimum Bus Driver Qualifications
License - A valid Department of Motor Vehicles license (including a valid DMV
Medical Certificate) to operate a transit coach equipped as those in this
Agreement prior to being assigned to revenue service.
Medical Examination - CONTRACTOR shall provide CONTRACTOR's driver's
medical examinations at CONTRACTOR's expense at a medical facility approved
by AGENCY and CONTRACTOR shall not permit any driver who has not
successfully passed such examination to operate a vehicle in any service
included in this Agreement. Medical examinations must be sufficient to meet the
medical requirements for a Driver's Class B Certificate issued by the California
Department of Motor Vehicles.
Druq/Alcohol Screeninq - CONTRACTOR shall comply with 49 CFR 653 and
654. Any person who may be assigned duties operating a vehicle or performing
safety related duties may be required to undergo a drug/alcohol screen test at a
facility approved by AGENCY prior to employment with CONTRACTOR. Re-
testing shall occur no less often than renewal of the required DMV Medical
Certificate. Other drug/alcohol screening shall be at the discretion of
CONTRACTOR. CONTRACTOR must submit to AGENCY a drug and alcohol
plan that meets the U.S. Department of Transportation Federal Transit
Administration guidelines and requirements by June 1, 2002.
No prospective or present employee of CONTRACTOR who tests positive on the
drug/alcohol screening shall be assigned to operate a vehicle or perform a
safety-related duty on any service contained in this Agreement.
Backqround Checks - AGENCY requires CONTRACTOR to conduct a criminal
history check on all personnel assigned to CVT service. No employee shall be
assigned to CVT service whose criminal background check reveals any
convictions, which endangered public health, safety and/or welfare. AGENCY
reserves the right to request that specific employees be reþlaced for reasonable
cause.
31
B.
Driver Training
CONTRACTOR shall train driyers using classrooms and AGENCY-owned
vehicles for simulation. AGENCY shall determine which AGENCY-owned
vehicles may be used for training purposes. Meeting scheduled revenue service
shall have priority over training needs. All training shall meet State of California
Department of Highway Patrol standards and AGENCY requirements.
CONTRACTOR shall also maintain an ongoing training program.
All drivers must complete the training requirements in this ATTACHMENT #5
prior to driving in revenue service. All training must be conducted by qualified
driver trainers, as defined in the notes on the chart included in this
ATTACHMENT #5. Drivers shall conduct themselves with the highest regard for
passengers' safety and comfort, including following the practices set forth in the
National Safety Council Defensive Driving Course.
CONTRACTOR shall supply AGENCY with a list of drivers who have completed
the specified driver training program for AGENCY's service. This list shall be
updated at least monthly or as additional drivers are trained. In addition,
CONTRACTOR shall forward to AGENCY a copy of each hired driver's
employment application upon request. AGENCY will review this application to
ensure each driver meets the minimum bus driver qualifications. CONTRACTOR
shall document all classroom and driving training hours for each trainee. This
training log shall be kept part of the employee's personnel records and must be
available to AGENCY, DMV, CHP or other requesting agency to determine
compliance with requirements of this agreement or requirements of federal, state
and local laws.
CONTRACTOR shall institute an ongoing driver safety award program that is
approved by AGENCY.
Classroom Traininq - Classroom training should include, at a minimum, all of the
elements shown in the chart in this ATTACHMENT #5. Classroom instruction
should be a complete bus driver's course covering, at a minimum, the following
items:
1. National Safety Council Defensive Driving Course, or equivalent;
2. Pertinent operating procedures for AGENCY's services, including but not
limited to, schedules, routes, transfer policies, and fares and fare media;
3. Passenger handling, including empathy training to help new operators gain
insight into the special needs and specific obstacles disabled indiyiduals may
encounter using public transportation;
4. Requirements of the Americans with Disabilities Act, including stop
announcements;
5. State rules and regulations, including the California Vehicle Code;
6. Familiarization of all vehicles and vehicle components used in this
Agreement, including all CNG-related components;
7. Company rules and regulations,
8. AGENCY guidelines and policies related to transit services, including CNG
safety procedures;
32
9. Emergency procedures, including accident report writing;
10. Radio procedures; and,
11. Familiarization with all services operated by AGENCY and other transit
services in the service area.
AGENCY may from time to time provide CONTRACTOR with training
information, service guidelines, and/or other materials that CONTACTOR shall
reproduce and distribute to all operations personnel.
CONTRACTOR shall provide AGENCY with a detaiied driver training program for
handling disabled passengers and complying with the Americans with Disabilities
Act. Training program shall include basic course outline, training time allowed for
each topic, and detail of specific areas discussed.
Behind-The-Wheel Traininq - Behind-the-Wheel Training should include, at a
minimum, all of the elements shown in the chart in this ATTACHMENT #5. This
instruction should be a complete bus driver's course covering, at a minimum, the
following items:
1. Basic driving skills;
2. Driving instruction on AGENCY's routes covered by this Agreement;
3. Operation of wheelchair lift or ramp, tie downs;
4. Experience boarding and alighting individuals in wheelchairs under various
conditions; and, courteous treatment of disabled individuals and wheelchair
users.
Trainees may only be credited Behind-the-Wheel training time for time that the
credited trainee was actually driving and in complete control of the vehicle.
In-Service Traininq - In-Service Training should include, at a minimum, all of the
elements shown in the chart in this ATTACHMENT #5.
Continuinq Traininq - Drivers shall receive at least one hour of safety training
each month. Up to six (6) hours of this safety training (if Classroom) may count
towards their eight hours of required annual Classroom instruction.
CONTRACTOR shall conduct a one-hour refresher training in the proper use of
wheelchair lift/ramp/tie-down equipment at least once every six months. This may
be used towards the requirement for one-hour of training each month.
Evaluations - New drivers shall receive an on-board in-service evaluation check
within 30 days of completion of training (certified as a driver) by the driver trainer
or a road supervisor. Eyaluation check shall be documented and kept in driver's
file. At least once every three months, CONTRACTOR'S Driver Trainer or Road
Supervisors will conduct an on-board in-service evaluation check ride with each
driver. CONTRACTOR shall also be required to conduct such an in-service
evaluation of any driver at any time at AGENCY's request.
C.
Drivers' Rules and Regulations
1. Employees will yield even though they may have the right-of-way.
2, Vehicles shall be operated in a safe manner.
33
3. Smoking is not permitted in any vehicle, revenue or non-revenue, used in the
performance of this Agreement. Drivers shall also enforce this policy with
passengers.
4. While in uniform, an employee will not purchase, consume, or be under the
influence of any narcotic, intoxicant (including alcohol), or harmful drug.
5. All passenger stops will be made in a safe location and in a safe manner:
6. An employee will be responsible for keeping their vehicle assigned clean and
sanitary during his/her shift.
7. Employees are responsible for reporting any defects they believe their
assigned vehicle may have to their supervisor immediately.
8. Employees may use vehicles only in accordance with their assigned duties.
9. Employees must deploy or actuate any wheelchair/kneeler/ramp systems
whenever requested to do so by a passenger at a bus stop.
10. Employees must conduct themselves in a courteous manner at all times.
11. Proper destination signs must be displayed while in service. While not in
service, a destination sign reading nNot In Service" will be displayed.
12. Employees providing service must travel over prescribed routes and must
maintain time schedules. If it becomes necessary to go off route or through
error, the employee will notify his/her dispatch immediately.
13. Drivers shall not play AM/FM radios, cassette players, televisions, or compact
disc players in the revenue vehicles at any time.
14. Drivers shall not use personal mobile telephones while driving at any time.
15. No open containers of alcohol are allowed on any vehicle, revenue or non-
revenue, operated in the performance of this Agreement.
16. Gratuities of any kind shall NOT be accepted.
17. Drivers shall have a good working knowledge of the Chula Vista Transit
System and the regional San Diego Metropolitan Transit System.
18. All disabled persons requiring the assistance of a service animal shall be
allowed full access with their service animal to all services as any other
passenger. Drivers shall not require passenger to present proof or
identification for any service animal.
19. All disabled persons requiring the use of a portable oxygen tank or other
respiratory equipment shall be allowed full access with their oxygen tank
and/or other equipment as any other passenger.
20. Drivers shall not leave unattended any valid fare media, including transfers
on a bus during layover.
21. Drivers shall not leave any bus unattended without ensuring the interlock key
switch has been activated and the key removed.
AGENCY shall be able to request that specific driver(s) be replaced or removed
for failure to follow the "Driver's Rules and Regulationsn or other reasonable
cause.
D.
Uniforms
Clean, identical uniforms (to be approved by AGENCY) must be worn by all
drivers at all times when on duty. CONTRACTOR shall provide and maintain
shirts, and trousers as required below. CONTRACTOR shall enforce a dress and
appearance code, also subject to approval of AGENCY. At a minimum, dress
requirements shall include:
34
Shirts - Clean, identical, solid color shirts for all drivers. "CVT" patch, provided by
AGENCY, must be sewn onto the right sleeve of all uniform shirts.
CONTRACTOR may place company patch (to be approved by AGENCY) on left
sleeve. Shirts may be short- or long-sleeved button-up collared dress shirts.
Jackets - Clean, identical, dark, solid color jackets for all drivers for use during
cold or rainy weather.
Nametaqs - Clean, identical, professionally made identification tags (provided by
CONTRACTOR), including "CVT" logo and driver name.
Trousers - Clean, dark, solid color full-length pants/trousers.
Shoes - Clean, dark, solid color Oxford-style shoe. Shoes must be polishable
and cover the entire foot. Sandals, boots, open-toed shoes, and athletic shoes
are not acceptable. Conforming shoes must be worn at all times on or near the
equipment, at the MMF, or any other facility, and anytime when on duty in the
performance of this Agreement.
Socks - Drivers must wear clean, dark, solid, matching socks.
Hats - Drivers may wear a hat if they choose, but hats must be identical, solid
color, quality cloth cap with brim on one side, and provided by CONTRACTOR.
Brim must be worn over forehead at all times (hat may not be worn backwards or
sideways). Nylon or mesh/partial mesh caps are not permitted. CONTRACTOR
provided hats (if provided) must have the CVT logo as the sole design feature.
Ties - Drivers are required to wear neckties (appropriately styled for male or
female drivers) of a dark, solid color during the months of October through April.
Ties must be provided by CONTRACTOR to drivers and should be identical in
color and color-coordinated with the uniform. Drivers shall maintain ties in a clean
and professional condition.
E.
Training/Policy Manual
CONTRACTOR shall be required to create, print, and provide to each driver a
comprehensive training and policy manual. A current copy of the manual and all
updates shall be provided to AGENCY. AGENCY reserves the right to add items
to, remove items from, update, or revise the manual as necessary. Such manual
must be updated by CONTRACTOR no less frequently than once every two
years and shall include at least all of the following items:
1.
2.
3.
Principals of defensive driving and safe driving practices
Passenger relations
All of the items listed in Section C in this ATTACHMENT #5 (Drivers'
Rules and Regulations)
Uniform policy
Fare media handling and. policies
ADA requirements
a. Lift/Ramp use
b. Securement procedures
4.
5.
6.
35
c. Bus stop call-outs
d. Service animals
e. Oxygen Tanks/Respiratory equipment
f. Sensitivity/empathy required for disabled passengers
Drug/Alcohol policy and testing procedures
7.
3.
DISPATCHERS/RADIO OPERATORS
CONTRACTOR'S dispatchers and radio operators shall be trained in all operational
aspects of the system (both dispatch and driving). Dispatchers and radio operators shall
have satisfactorily completed the above driver training requirements. Dispatchers/radio
operators shall have completed one year of experience as a fixed-route bus driver. If a
dispatcher or radio operator was unable to perform as a driver, the experience of the
dispatcher in transit, transportation or other related experience may be substituted for
experience as a fixed-route bus driver.
Dispatchers and radio operators are classified as "safety-sensitive" employees, so they
are required to be enrolled in the same drug/alcohol screening programs as outlined for
drivers above.
CONTRACTOR shall train dispatchers using classrooms and AGENCY-owned vehicles
for simulation. AGENCY shall determine which AGENCY-owned vehicles may be used
for training purposes.
4.
MAINTENANCE STAFF
A.
License
All maintenance employees must be appropriately licensed to driye any vehicle
they will operate in the course of their duties, including a Class B Commercial
Drivers License with an air brakes endorsement and a valid medical certificate, if
such maintenance employee will be operating transit buses. Maintenance
employees must also be enrolled in the drug/alcohol screening programs'
required of drivers.
B.
Training Requirements
Specific AGENCY-required training hours minimums for maintenance staff are
given on the chart included in this ATTACHMENT #5, including the requirements
for the CNG Safety and Equipment Familiarization training. These are minimum
requirements that are only intended to familiarize maintenance employees with
CVT operations, the facilities, and the vehicles.
The training outlined in this ATTACHMENT #5 is not intended to provide for or
replace any technical training that would be required of maintenance staff.
CONTRACTOR is required to ensure that all maintenance staff is qualified and
adequately trained to complete the technical and mechanical tasks required of
employees in their position. Further, AGENCY encourages CONTRACTOR to
utilize on-going training and seminars, often provided by maintenance
consultants, manufacturers, and other vendors, to supplement and improve
knowledge and performance of maintenance staff. Each "A"- and "Bn- level
36
mechanic shall be required to attend at least eight (8) hours of off-site training
per year, provided by an outside vendor. This training may be conducted by a
manufacturer of equipment used in the maintenance shop, a maintenance
consultant, or other training program that would be releyant to the employee's
duties. (This training may be conducted on-site in a group selling, by outside
vendors, if approved in advance by AGENCY.)
37
Uœnse('-Ib)
Uœn"""""lea".
1A !~~~=='
Rout.a In thJa eomn."
Uœna""" 3-. Mon1ha
18 I=:::~~~:
ConI""
Uœn,." ... 0-3 Mon1ha
1C I~=;~~
Con.."
LIce"""""""',,.
2A I=~=:=:on
_a
Uœn,." ... 0.3 Mont'a
2C !E_ce on "",,,Fb<ed.
Rout. _a
Uœn,." ... ". Fix'"
. IRout. PubIk n'O...
Experience
4 I:;::::"""""
Reason
-¡p"" -
'ol(~Dam"'s-
S1000)(Q
Po"_(Ir¡u.y",
.. I-o.m",.
SfOOO')(Q
Absence of. """"'" '"
'!_-~,,"In
......""..-
7 I::::::::::::
LCLASSROOM (e)
.!1' 8 I 8' ~ §
~ ~.~ j 8 Ii ~ i
~. Ii !õE~ t ~ fl. i ig
d ~H ~ HI 18 ui I d
ORIGINAL INSTRUCTION: REQUIRED HOURS
2
2
2
2
0
2
0
BEHIND-THE-WHEEL
i
filii
10
1 (00<
""'d.
Iype)
1 (00<
""'de
Iype,
1("..
_de
Iype)
5
~J
u
4
2
2
2
2
2
2
2
4
4
0
0
1
0
i
X
.z
2
2
2
4
4
4
20
40
4
4
0
j
j
2 (e)
8.14
H_"""",",R8&'.ATTACH_" .,oo,
IN-SERVICE
"
j
¡¡<!
"5
~J¡;
:¡;¡;¡
48
48
48
88
4
18
8
0
~
J
¡
..
f-:
!~-I w <!
"i ~"'"
Ii w~~
¡ol h¡;¡
Total
Minimum
Training
Houra
Requl.-d
0
18.24
2
2
2
0
2
2
0
10
10
28
28
28
44
44
0
4
10
18
4
2
2(e,
8.14
0
0
0
18.24
2
2
2
2
0
2
0
4
2
2(e,
8-14
0
0
12
30-36
4
4
4
4
8
4
0
4
8
36
36
36
52
52
108
4
8
44
120
4
4
4
4
8
4
0
4
8
0
12
4
0
4
40
44
120
4
4
4
4
8
4
0
0
0
4
40
84
140
8
8
4
4
8
4
8
0
0
4
60
88
200
240
8
8
4
4
8
4
8
0
0
8
60
88
0
4
REFRESHER INSTRUCTION: REQUfRED HOURS
0
0
0
0
0
0
0
8
80
0
20
0
0
0
2
2
0
0
0
0
0
18
2
2
2
2
0
2
0
0
0
0
16
2
2
2
2
0
2
6
0
0
The hOU<S ""ed" ""ta~e_lhe"~""""""""" _t... b,AGENCY. Stale e......F""""""""""" """, ""'" "°"""". AJI"""oyees...el""","'lo....,en,_""""","o"""..eddti_,O__.
(a,.U,,""" means.... the IndMduaI posses... 0 ""d end """"' CaUfomio CI.., A '" 8 U""". wi" Pos........... AJ,"'", -". ond e amen! end ""'d V_tion at T"",..1t'O,~no Ce<1in_.
Ib) o"""ence°"""no ","",end """"'-",",",,"~noo bus"o ,- """"e,"""" _on wi"'n the last... ,..,..
Ie) Classn>om """'no""" be a>nducted b""tn the.......,. "0 ooTIOOE ,""lIIed """"'endI",- bus In"""",,.. """"" by the Callfomle V""'e Code. T"""","" 7S1 centttcotion ...desi,eable.
(d' or",t"" r", the........ of"'-- ""_on """no en indI"""" wi..., ,..., one """of"""'" ,,"~no _--has"" "'eeled byo ooTIDOE centtted '-"'10 a>ndud B-T-Wend In-Senrice 'no_on.
(., Req"'ement " 21>outS".. """e thai the....... has no! """"Ied'n ",""toe_.
(Q Poo'AccI_"'nlno _'d"'oct", net.... of the ocddent. Amoun" of....... "~""ms on~. F", ...""e. on Injucy ",",Ung -..- of... 1111""", ahouId be followed wi" "'~no """'.-no "'- "e of the 1111.
Ig) CNG Sare~ ond Eo""""" T"'tntng (CIa""""", "",' tndude ti.... "'U-no a CNG bus r", demon,""on ond equl."..", ""U"tz"on """"'.
0
0
Approx.
No.of
Weeks
0.1
0.5
0.5
0.4
0.5
0.5
1
3
3
3.5
5
8
-:¡¡
:Þ
~
0
."
~
:Þ
()
:I:
:¡:
m
z
-I
'It
~
;u
m
0
c:
;¡j
m
0
0
;U
<:
m
;U
-I
~
Z
Z
G)
:I:
0
c:
;U
(J '
~
(
r-
m
~
Experience (e)
" IAlloUI 2 Month.
>: 1A E"..rlence_AGENCY
~ ot SBMF on AGENCY
~ vehlcl..
I:
m
0
~ 11B IAROtho..
¡;
At /00" 2 Month>
"2C IE"..rloncO _AGENCY
'1 01 SBMF on AGENCY
I: vehlcl..
m
~
z
¡; I 3 IAROtho..
At 100" 2 MonIh.
E"..rlonco _AGENCY
01 SBMF an AGENCY
vehlclo.
~ 12C
¡;
~
é I 3 I..Otho..
m
'"
Reason
I IPostA_ont(b}
AnnllOl_._oI
I I~~~!;.~~
_Only
Abunce of. man", '"
7 1_ltommo",onence
dutio.
. I-:::':'::;:"~';" Tra""g
GENERAL
IbOOESUOISIICFRBSlo.ATTACIOAENT" Of..,
CNG TRAINING
~ Ii' : 0
õ :[i' i.. ~ : ~ ã
ãi i2'~ ~ ~ ~. ~ 51i:~ ~~~ i2'j
h! Hi h U I ~U Hi !t!
ORIGINAL INSTRUCTION: REQUIRED HOURS
0
0
2
0
0
2
2
2
3
2
3
2
!:
en:;
Ci:
å~
~~
Total
Minimum
Training
Hours
Required
Appro..
No.of
Wee'"
0.15
0.35
0.15
0.35
0.1
0.2
0.1
0.2
0.2
0.2
(e) "Experience" meon. ...,entend ",Iovent experience working ot... some Iove'o.o mechonle rorofixod-route public ban.....tation wiU1..", loot two yeo",.
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ATTACHMENT #6
FARE COLLECTION PROCEDURES
1.
FAREBOXES
1.1 EQUIPMENT SUPPLIED BY AGENCY
AGENCY shall supply CONTRACTOR with one complete electronic farebox for each bus.
Fareboxes shall initially be General Farebox, Incorporated (GFl) Cents-a-Bill models, with bill
transports, coin mechanisms, bill stuffers, and a cashbox vault. Each bus comes with two
cashbox vaults. AGENCY shall provide CONTRACTOR two sets of GFI magnetic keys that
open the cashbox door and the top door. This model Cents-a-Bill farebox is not equipped with
the probe download function. Driver takes farebox readings at the beginning of his/her shift and
at the end of the shift and places the readings on a driver trip record that is submitted at the end
of his/her shift.
AGENCY shall also provide CONTRACTOR with spare farebox parts and test equipment, as
listed in ATTACHMENT #2. CONTRACTOR shall dedicate one area to farebox maintenance
including one GFI bench test set, benches, cabinets, and the spare parts listed in
ATTACHMENT #2.
1.2 EQUIPMENT SUPPLIED BY CONTRACTOR
CONTRACTOR shall procure and pay for all money bags, bag ties, deposit slips and other day-
to-day supplies used for revenue gathering, depositing, and reporting. AGENCY will provide
revenue-counting equipment, including coin counters.
1.3 MAINTENANCE
CONTRACTOR is required to conduct a preventative maintenance program for the GFI
fareboxes and any revenue collection or counting systems. CONTRACTOR shall have, at a
minimum, at least one half time (0.5 FTE) equivalent B mechanic committed to service and
perform maintenance on fareboxes. CONTRACTOR shall be required to have at least one
maintenance staff to attend the one-week farebox maintenance training course provided by
General Farebox, Inc. in the Illinois area. It is the AGENCY understanding that the course is
provided at no cost (as of July 2001). CONTRACTOR shall be responsible for any future
course or training registration costs, and all transportation and per diem expenses related to
such training. At all times, CONTRACTOR must have on staff at least one mechanic who has
the GFI training course certification. This requirement shall be met by August 1, 2002.
2.
FARE COLLECTION AND RECONCILIATION
All cash, token, and ticket fares shall be counted daily. Cash vaults from the day shall be
removed each night from every bus and placed in a secure area. An empty cash vault shall
then be placed in the bus at the same time as the full vaults are removed. All cash fares shall
be counted each morning. Cash shall be counted for each vault and compiled for each bus and
each route. An exception report shall be developed daily to compare actual counts with GFI
farebox readings. Every day, buses that have counts differing by more than one percent shall
be noted and maintenance department notified for servicing and calibration of farebox.
40
All fareboxes shall be independently emptied, counted, and reconciled daily by CONTRACTOR.
It is expected that money shall be transported at least six days per week to the bank in a
secured manner (armored car or similar mode). Armored car service shall be proYided Monday
through Saturday with no service on Sunday. Any reyenue retained from Saturday night to
Sunday night must be placed in a secure compartment within the offices. All fare and revenue
control is the responsibility of the CONTRACTOR. A video surveillance system will be installed
within the counting room. CONTRACTOR must show fares deposited for each day and haye a
deposit slip to support the recording. CONTRACTOR must establish a separate bank account,
or sub account (specified by AGENCY), for this agreement and make deposits only to this
account.
CONTRACTOR shall provide a Fare Collection and Revenue Control Plan to AGENCY by May
1, 2002 detailing the full procedures to manage, control, and account for all fare revenues.
AGENCY will provide a review of the Plan within 30 days of receipt of Plan at AGENCY.
AGENCY reserves the right to request enhanced procedures or greater controls to insure that
fare revenues are adequately accounted for, controlled and safeguarded. AGENCY reserves
the right to monitor the counting procedures, farebox vault exchanges, or any other processes
with AGENCY staff or third-party contracted monitoring staff.
Farebox reconciliation and revenue reports shall be provided weekly to AGENCY by the
Thursday of the following week. Reports shall show all fare categories by route and by day of
the preceding seven days Sunday through Saturday. Actual cash fare revenue shall be within
one percent of estimated cash fare revenue on a monthly basis. CONTRACTOR shall provide
AGENCY with a written explanation for any such monthly difference that exceeds one percent.
Revenue collected by fareboxes consists of coins, bills, and MTS tokens. AGENCY will supply
revenue sorting equipment to sort coins. Oftentimes, tokens, slugs, and foreign coins are hand
removed from the sorting trays prior to separation. CONTRACTOR is responsible for retaining
all MTS tokens during the month and submitting them in a secure bag at the end of each month
by the eighth day following the end of the month to AGENCY. CONTRACTOR is responsible
for insuring that all tokens are secured during the month in a safe manner.
3.
FUTURE FARE COLLECTION
The Metropolitan Transit Development Board and the North San Diego County Transit
Development Board are working cooperatively on a project to overhaul the fare collection
hardware on the regions transit vehicles, including all local operators such as CVT. This will
incorporate more advanced technology, and may include 'smart cards' with an embedded
memory chip.
CONTRACTOR shall work cooperatively with AGENCY in the planning, implementation,
maintenance, and operation of such advanced fare collection system. This may require
CONTRACTOR to retain an additional employee or employees for the purpose of managing and
maintaining new fare collection systems and procedures. There may also be additional training
required for existing employees. Any additional staffing or training requested by AGENCY shall
be reimbursed by AGENCY.
The current deployment schedule for the advanced fare technology project anticipates full
implementation on the services coyered in this contract by 2005. This is an estimate and
AGENCY reserves the right to change implementation dates.
41
ATTACHMENT #7
MAXWELL MAINTENANCE FACILITY
The AGENCY shall proYide an operations, maintenance, and storage facility (the "Maxwell
Maintenance Facility", hereinafter referred to as the nMMF") located at 1800 Maxwell Road,
Chula Vista, California 91911. The MMF currently consists of 25.0 acres with approximately
58,295 square foot shared maintenance/operations building.
MMF was purchased in September 1998 by the City of Chula Vista. The facility has been fully
upgraded with maintenance bays, steam clean area, wash facilities, parts storage, offices,
dispatch/radio room, fare counting and revenue control room, underground diesel fuel tank and
dispensing system, CNG fuel station and dispensers, wastewater clarifiers, drainage system,
gas detection system within the maintenance shops, fire sprinkler system, standby diesel
generator, state of the art lighting and electrical system, lot lighting, new air conditioning within
the offices (2001), ventilation systems within the maintenance shops linked to the gas detection
system, and an upgraded roof. An environmental study was completed for the MMF original
25.0 acre facility at 1800 Maxwell Road and all environmental issues have been mitigated.
AGENCY owns equipment located at the facility to be provided for use by the CONTRACTOR
and is listed at the end of this ATTACHMENT 2.
It is anticipated that all vehicles to be operated for CVT Services fixed route bus operations
under this agreement shall be serviced, maintained and operated from the MMF. The MMF will
be shared by AGENCY-provided buses, CONTRACTOR support (non-revenue) vehicles,
employee parking, and Chula Vista Department of Public Works vehicles and equipment. At the
beginning of this contract, it is expected that AGENCY shall supply 37 heavy-duty transit buses.
Six additional buses will be ordered in 2002 for a tentative delivery in 2003. It is possible that
additional vehicles may be added at some future time to be determined.
CNG Fuel Station
AGENCY will be fully responsible for all maintenance, capital improvements, and operations of
the CNG fuel station, with the exception of routing fueling activities. CONTRACTOR shall be
responsible for utilizing the CNG fuel stations only for fueling CNG powered buses. Training will
be provided by the station maintenance provider to CONTRACTOR.
Occupancy
AGENCY has scheduled full MMF occupancy and revenue service to begin July 1, 2002 for the
CONTRACTOR. A transition plan will be more formally developed following the contract award.
Space will be made available for CONTRACTOR as temporary transition facilities for start-up
activities, however it is not guaranteed.
The following terms and conditions shall apply to the operation and occupancy of the facility
provided by the AGENCY to the CONTRACTOR:
1.
PREMISES
1.1
The MMF may be used, during the term of this agreement, by CONTRACTOR
solely for the purpose of vehicle maintenance, offices, and vehicle storage facility
42
1.2
1.3
1.4
1.5
1.6
1.7
1.8
2.
expressly for AGENCY'S contracted transit services. CONTRACTOR shall make
no other use of the MMF absent the written consent of AGENCY.
As part of the provision of transit service under this Agreement by
CONTRACTOR, AGENCY shall furnish the MMF for CONTRACTOR'S use
during the term of this agreement.
AGENCY has and will continue to make improvements to the MMF over the term
of this agreement. Although AGENCY has not finalized long-term plans for the
site, the following facility and site improvements may be considered:
.
Upgrade of select buildings on acquired parcels adjacent to the existing site
to include architectural, structural, electrical and mechanical upgrades.
Conduct site improvements on acquired adjacent sites for bus parking
Expanding Compressed Natural Gas fueling station and dispenser
.
AGENCY shall work with CONTRACTOR to insure that anyon-site construction
will be conducted with as little disruption to transit operations as possible.
CONTRACTOR agrees to cooperate with AGENCY in accomplishing on-site
construction projects.
AGENCY shall be responsible for all payments regarding future improvements,
AGENCY shall indemnify and hold harmless CONTRACTOR from and against
any and all obligations, including damages to persons and property, occurring as
a result of construction of other improvements to the facilities undertaken by or in
behalf of AGENCY.
CONTRACTOR shall not permit the MMF to be improved, developed, used, or
occupied in any manner that would violate local, state, or federal law.
CONTRACTOR shall notify AGENCY of all materials, substances, and wastes
generated and/or maintained at MMF. Furthermore, CONTRACTOR shall not
maintain, commit, or permit the maintenance or commission of any illegal
(whether accidental or intentional) nuisance, storage, handling, treatment,
transportation, spillage, leakage, dumping, discharge, or disposal of hazardous
or toxic substances, materials, or wastes regulated under local, state, or federal
law.
CONTRACTOR shall not create or permit any condition that could be alleged to
create a nuisance, public, private, or mixed, or to otherwise present a threat to
health or property by any unhealthful, hazardous, or dangerous condition.
RESPONSIBILITIES
2.1
AGENCY facility responsibilities are as follows:
2.1.1
Conduct environmental studies as necessary.
43
2.2
2.1.2 Conduct property appraisals, negotiations and all legal requirements
related to property acquisition.
2.1.3 Establish a detailed list of required improvements to be conducted by
CONTRACTOR.
2.1.4 Establish long-term facility plan including engineering and construction
management of long-term improvements.
2.1.5 Review and approve any improvements to be performed by
CONTRACTOR.
2.1.6 Pay all property taxes required.
2.1.7 Pay for the annual Storm Water Pollution Prevention Plan fees.
2.1.8 Pay all facility utility bills including water, sewer, electricity, and gas.
2.1.9 Pay expenses that exceed the amount specified per year in section 2.3.2
for repairs and/or maintenance costs associated with maintaining the
facility in as good as condition received.
2.1.10 Provide CONTRACTOR new heavy-duty bus lifts on July 1, 2002.
2.1.11 Conduct capital projects at the MMF with coordination with
CONTRACTOR to upgrade facilities.
2.1.12 The gas detection system's major components, outside of routine
replacement items, will be paid for by AGENCY as a pass-through
expense. Any replacement of parts related to the diesel tank monitoring
system shall also be the responsibility of AGENCY.
2.1.13 Provide a building video surveillance system covering several areas of
the lot, fare counting room, maintenance shops, and key critical areas of
the site.
CONTRACTOR facility responsibilities are as follows:
2.2.1
Provide property and facility insurance for sites owned by AGENCY.
2.2.2 Provide and pay for a phone and paging system and pay for all phone
Services.
2.2.5 Arrange for and pay for a refuse disposal service (as necessary).
2.2.6 Cooperate with AGENCY to arrange for and pay for proper and regular
cleanout of waste clarifiers and proper disposal of waste from clarifiers.
CONTRACTOR to insure hazardous waste generated by CONTRACTOR
is disposed of by subcontractor in accordance with all County of San
Diego regulations. Arrange and pay for proper disposal of any waste oils
44
2.3
generated by CONTRACTOR. Cooperate with AGENCY to file a Hazard
Materials Business Plan with County of San Diego Environmental Health
Department and update plan as required by County regulations.
2.2.7 Maintain and proYide preyentative maintenance services (PMI) for all
facilities including buildings; safety equipment; fire sprinkler system; fire
extinguishers, CNG gas detection monitoring system, wash area recycle
and water distribution equipment, and bus wash facility.
2.2.8 Cooperate with AGENCY to arrange janitorial service for the facilities
used by CONTRACTOR and shared with City of Chula Vista Public
Works Department.
2.2.10 Regularly sweep paved surfaces and steam clean CONTRACTOR used
areas that require ongoing cleaning, such as maintenance bays, and bus
parking areas.
2.2.11
Pay for any fire safety and CNG gas detection monitoring system testing.
Maintain building gas detection system including testing and routine
replacement of any system components. Perform regular building gas
detection calibration every three months. The gas detection system's
major components, outside of routine replacement items, will be paid for
by AGENCY as a pass-through expense.
2.2.12 Cooperate with AGENCY to implement Storm Water Pollution Prevention
Plan. CONTRACTOR is responsible for testing and cooperating with
AGENCY to prepare reports, but AGENCY is responsible for annual
report submittal to State of California.
2.2.13 Maintenance and service of maintenance bay building doors by a
qualified door service company.
2.2.14 Provide routine pest control service by a qualified and licensed service
subcontractor for CONTRACTOR used buildings, offices, and work areas.
CONTRACTOR's Construction or Repairs
2.3.1
Improvements
CONTRACTOR may not demolish, remove, replace, relocate any existing
improvements or make new improvements without the prior written consent of
AGENCY, provided CONTRACTOR is not then in default under any condition or
provision of this agreement. All improvements shall be constructed, and all work
performed on MMF, shall be in accordance with all valid laws, ordinances,
regulations, and orders of all federal, state, county, or local government
agencies. Any permanent improvements made to MMF property or buildings
shall remain as AGENCY's improvements and shall not be removed upon
completion of this agreement.
All equipment purchased for the maintenance shop will be considered to be paid
for by AGENCY through CONTRACTOR's rates. This equipment must be used
45
exclusively for the maintenance of equipment used in the performance of this
Agreement. All shop equipment (installed and freestandinq), tools. and hardware
purchased or otherwise provided for the fulfillment of this Aqreement shall
become the property of AGENCY.
2.3.2 Repairs, Restoration, and Maintenance
At all times during the term of this agreement, CONTRACTOR shall, at
CONTRACTOR's sole cost and expense, keep and maintain all improyements on
the Premises in as good a condition as received, normal wear excepted.
AGENCY, at AGENCY's expense, shall be responsible for capital replacement
costs of roof, structural elements, utility lines servicing the premises, water
heater, and heating and air conditioning units. However, AGENCY has no
obligation to make any capital replacement improvements.
CONTRACTOR shall be responsible for repairs and/or maintenance costs
associated with maintaining the facility in as good as condition received,
including, but not limited to, lighting, CNG gas detection system (see Section
2.1.12), wash area recycle and water distribution equipment etc., provided that
CONTRACTOR shall be responsible for maintenance and repair costs (excluding
Items A through E below) only up to the following aggregate amounts beginning
July 1, 2002:
July 1, 2002 - June 30, 2003
July 1, 2003 - June 30, 2004
July 1, 2004 - June 30, 2005
July 1, 2005 - June 30, 2006
July 1, 2006 - June 30, 2007
$8,000
$8,000
$9,000
$9,000
$10,000
CONTRACTOR shall perform all preventative maintenance and regular servicing
work described below in order for the licensed facility to be a clean, sanitary, and
safe environment. (Items A through E are not to be included in the above repair
budget.)
A.
Janitorial services for restroom and cleanup of administrative offices.
Minimum five days per week service by private subcontract or
maintenance staff (not included in the required bus maintenance staff).
Restrooms must be cleaned and serviced at least two times per day.
Floors shall be waxed monthly.
B.
Lot clean up and sweeping. CONTRACTOR shall employ a sweeping
service to regularly (at least twice per month) sweep the entire bus
parking lot, surface areas, and driveways free of dirt, debris, and trash.
CONTRACTOR shall daily patrol the bus parking lots and pick-up trash
and any oils from surfaces. Oil absorbent materials shall be used to pick-
up spilt oil or dripped oil from buses.
C.
Maintenance shops shall be cleaned on a daily basis, including floors,
wash and steam clean areas, work areas, and storerooms. Windows in
shop and administrative areas shall be cleaned on a routine basis and at
least quarterly. Proper housekeeping practices will be performed by
46
3.
maintenance staff to insure oils and liquids on floors are cleaned up
regularly. CONTRACTOR shall utilize a floor scrubbing machine
regularly in the maintenance shops (Tennant 5700XP or equivalent).
Other areas may need periodic steam cleaning.
D.
Site fencing and gates shall be maintained by AGENCY at all times, but
CONTRACTOR is responsible for any damage caused by
CONTRACTOR. AGENCY shall be responsible for any damages as a
result of AGENCY construction projects.
E.
CONTRACTOR shall be responsible for any chemical oil or fuel spills on
the property and in the shop areas. Any chemical oil or fuel spills shall be
cleaned immediately. Appropriate material shall be used for cleanup and
proper disposal procedures shall be followed. CONTRACTOR shall follow
all legal and regulatory processes for the cleanup and disposal of any
hazardous materials. This includes, but is not limited to, ensuring worker
safety, preventing storm drain, soil, and groundwater contamination,
minimizing air pollutant emissions, and using appropriately marked
disposal receptacles for hazardous waste and used cleanup supplies.
CONTRACTOR shall also have a written hazardous materials safety and
clean-up plan, distributed to employees.
GENERAL TERMS
3.1
Compliance.
If CONTRACTOR fails to comply with the obligations assumed by CONTRACTOR
herein and CONTRACTOR does not correct such noncompliance within three (3) days
of written notice, AGENCY may take whatever action is necessary. CONTRACTOR
shall reimburse AGENCY for all costs (including, but not limited to, consulting,
engineering, clean-up, containment, disposal, and legal costs) incurred by AGENCY as
a result of CONTRACTOR's failure to comply with the foregoing obligations assumed by
CONTRACTOR and also such costs as maybe incurred by AGENCY in abating or
protecting against Harmful Conditions and/or a violation of Standards.
3.2
Representations.
AGENCY makes no warranties or representations of any kind concerning the use,
suitability, or fitness of the Premises or of available land use of the Premises.
3.3
Safety Training
CONTRACTOR shall provide general, fire safety, CNG gas detection training to all
personnel that have access or use of the site. AGENCY will assist in providing materials
related to the CNG building gas detection system.
3.4
Relocation
CONTRACTOR agrees to waive any claims against AGENCY for relocation benefits
pursuant to federal, state, or local laws.
47
3.5
Mechanics' Liens.
CONTRACTOR agrees to keep said Premises free and clear of liens for labor, services,
materials, supplies, or equipment performed on or furnished to said Premises.
3.6
Facility Access
CONTRACTOR shall allow AGENCY or AGENCY's designated agents to enter, inspect,
repair, or for any other reason, visit this property and facility at any time. AGENCY
agrees to do so in a manner that is not disruptiye or intrusive, and does not violate any
legal rights of privacy held by CONTRACTOR or its employees.
3.7
Facility Preventative Maintenance Plan/Utility Expenses
The following chart shows specific preventative maintenance items required for the
MMF, each item's frequency, and the party financially responsible. This list is not
comprehensive, and CONTRACTOR is also required to complete all other facility
maintenance as outlined elsewhere in this Agreement.
48
Insert CVT FACILITY PM Plan here
49
ATTACHMENT #8
OPERATIONAL DATA TO BE COLLECTED BY CONTRACTOR
The separately enclosed forms represent those that shall be used by CONTRACTOR to provide
transit system information to AGENCY. These forms may be reYised, deleted or new forms may
be developed by AGENCY during the term of this Agreement.
Required data and reports to be provided by CONTRACTOR to AGENCY include, but are not
limited to:
Monthly Summary Report
Monthly Passenger Report
Monthly Report of Revenue Hours
Monthly Report of Revenue Miles
. Weekly Revenue and Passenger Reports
Route Spreadsheets
Monthly Cash Deposit Report
Monthly Total Mileage/Fluid Usage Report
Driver List
. Bus Cleaning Report
. Wheelchair Equipment Use/Pass-up Data
Bicycle Rack Use Data
Monthly Vandalism Log
. Transit Safety and Security Report
Daily Bus Report (typically kept on file at CONTRACTOR office)
Farebox PMI Report
. Mileage by Route Reports
Passenger by Route Reports
Passengers by Fare Type Report
Exceptions/Daily Miles and Hours Report
Scheduled Trips Report
Daily Equipment Status Report
Monthly PMI Report
. Daily Trip Record (typically kept on file at CONTRACTOR office)
Fuel Use/Cost Report
. Missed Trip Report
50
ATTACHMENT #9
GLOSSARY OF TERMS
Term Definition
Boarding Passengers Total number of passengers boarding a transit vehicle, including passengers paying cash
fares upon boarding, passengers showing passes and other pre-paid media, and
passengers boarding with transfers,
Complaint Any written or oral complaint received by a transit system relating to transit operations.
Expanded Driver Pay ð!! pay hours of drivers, Including time worked, overtime, vacation, sick leave, training,
Cost etc. Additionaliy, overtime hours are expanded by multiplying the overtime hours by the
overtime rate factor (usualiy 1.5).
Fare Revenue Total cash and proceeds from ticket and pass sales paid by passengers.
Fuli-Time Equivalent The number of employees employed in connection with the transportation system, based
Employees (FTE's) on the assumption that one employee is paid for 2,000 hours of work per year. To
calculate the number of FTE employees per quarter, the Total Employee Hours worked
should be divided by 500.
Maintenance Includes ali employees engaged in the maintenance and repair of vehicles, buildings,
Personnel (FTE) grounds. and equipment. This number is to be expressed in terms offuli-time equivalent
(FTE) employees, based on the total hours worked by maintenance employees during the
period (to be calculated in the same manner described for fuli-time equivalent
employees).
Managerial. Includes managers, assistants, supervisors, trainers, clerical, and other support
Supervisory. and personnel. This number is to be expressed in terms of fuli-time equivalent (FTE)
Support Personnel employees, based on the total hours worked by administrative, supervisory, and support
(FTE) personnel during the period (to be calculated in the same manner described for fuli-time
equivalent employees).
Personal Injury Accidents in which one or more persons receive personal injury, but no property damage
Accidents results.
Revenue (Vehicle) Total number of hours that each transit vehicle is in revenue service, including layover
Service Hours time. Excludes hours consumed while traveling to and from storage facilities and other
deadhead travel.
Revenue (Vehicle) Total number of miies traveled by each transit vehicle while in revenue service. Excludes
Service Miles miles traveled to and from storage facilities and other deadhead travel.
Revenue Service Miles and hours recorded between the first bus stop and the last bus stop served by the
vehicle on its schedule.
Road Cali, A mechanical road cali should include any situation in which a revenue vehicle, while in
Mechanical service, requires attention from someone other than the revenue vehicle operator in order
to restore the vehicle to an operating condition. A mechanical road cali does not
necessarily have to result in a loss in revenue service. Repairs could be made in the fieid
without having to take the vehicle out of service or return it to the maintenance facility.
51
ATTACHMENT #9
GLOSSARY OF TERMS
Term Definition
Road Call, Non- A non-mechanical road call should include any situation in which a revenue vehicle. while
Mechanical in service, requires attention from someone other than the revenue vehicle operator in
order to restore the farebox or the cleanliness of the vehicle. A non-mechanical road call
does not result in a loss in revenue service. These actions or repairs are made in the
field with only a minor delay (if any) to the vehicle.
MMF Maxwell Maintenance Facility - 1800 Maxwell Road, Chula Vista, CA 91911
Total Employee Total employee hours include hours worked by drivers, dispatchers, and maintenance
Hours personnel, clerical, administrative, supervisory, and managerial personnel and hours
worked by any contract service employees (e.g., bus cleaners). If the actual number of
hours worked by contract service workers cannot be determined, total employee hours
contributed by the contract service can be estimated by dividing the amount charged by
the CONTRACTOR over the period by a constant which represents the average hourly
rate for its employees.
Total Service Hours The total number of hours a vehicle is operated, including hours consumed while
traveling to and from storage facilities and during other deadhead travel.
Total Service Miles The total number of miles that each vehicle is operated, Including miles traveled to and
from storage facilities and other deadhead travel.
Total Vehicle Miles The total number of miles that each vehicle is operated, including miles traveled to and
from storage facilities and other deadhead travel, miles operated in training, and miles
operated during maintenance.
Transfers Total number of passengers boarding a transit vehicle with any form of a transfer,
including free transfers and transfer upgrades.
Vehicle Operators The total number of employees operating revenue vehicles, including both fuli-time and
(FTE) part-time employees. This number is to be expressed in terms of full-time equivalent
(FTE) employees, based on the total hours worked by vehicle operators (to be calculated
in the same manner described for full-time equivalent employees).
52
ATTACHMENT #10
MTDB POLICY 32 AND ADOPTED WAGE AND BENEFITS SCALE
To be added to contract at time of award.
Policy 32 page 1
53
Policy 32 page 2
54
Policy 32 page 3
55
Policy 32 page 4
56
Policy 32 page 5
57
Policy 32 page 6
58
Policy 32 page 7
59
Insert Wage Rates chart here
60
ATTACHMENT #11
SUMMARY OF PROPOSED POSITIONS
To be added to contract at time of award.
(Blank form included in Section A and must be submitted as
Form 4.3 with the Technical Proposal.)
61
ATTACHMENT #12
WAGES AND BENEFITS PROPOSAL
To be added to contract at time of award.
(Blank form included in Section A and must be submitted as
Form 6,2 with the Technical ProposaL)
62
ATTACHMENT #13
TECHNICAL PROPOSAL
To be added to contract at time of award.
63
ATTACHMENT #14
PRICING PROPOSAL
To be added to contract at time of award.
64
SFC'.TION C'.
StlPPI FMFNTAI INFORMATION (Nnt" P"rt nf C'.nntr"l".t)
1.
Maxwell Maintenance Facility (MMF) location map.
2.
Existing mileage/hourly rates by route.
8.
9.
Chula Vista Transit Map, Metropolitan Transit Development Board (MTS)
Regional Transit Map, and samples of existing public timetables and route maps
(attached to bid package within an envelope).
65
CVT
Chula Vista Transit
FIXED-ROUTE BUS SERVICES
PRICING FORMS
~
llIlY
~
TECHNICAL PROPOSALS
AND PRICE BIDS DUE: FEBRUARY 4,20023:00 P.M. (P.S.T.)
PRICE BIDS MUST BE SUBMITTED IN SEPARA TE
SEALED ENVELOPE
CVT FIXED-ROUTE BUS SERVICES
Guidelines for Completion of Price Bid Form, Price
Breakdown Form, and Price Bid Signature Form
1.
Bidder shall complete a Price Bid Form indicatin9 lump-sum start-up costs, performance
bond/surety costs, operating costs, and the grand bid total.
2.
Operating costs: Bidder shall itemize expenses on the Cost Breakdown Form consistent
with the Expense Object Class Definitions that are attached within the price bid forms.
Bidder shall also itemize any capital depreciation/amortization and interest expense costs
separately on the Cost Breakdown Form.
3.
On the Price Bid Form, bidder shall specify cost per revenue mile for operating and
capital components and the 9ross cost amounts for each period and category. Revenue
mileaQe rates (all scheduled service) and revenue hour rates (stand-by service only) shall
not increase by more than 3.0% from one year to the next. These rates must be in
ascendinç¡ order with the lowest rate in the first vear and the hiç¡hest rate in the last vear.
Bidder may also bid a mileage rate that is identical for one or more years. The rates for
each year must be the same as or higher than the previous year.
4.
The bid package requires the CONTRACTOR to provide certain capital items, including
non-revenue vehicles and some office and shop equipment. Capital costs, within the
operating costs, shall be included in capital depreciation/ amortization and any interest
expense related to it. Fuel costs and fuel taxes should not be inciuded in the pricinç¡ form.
5.
Any bid that does not adhere to these requirements may be rejected as nonresponsive.
6.
All forms must be signed by an authorized representative, inciuding: the Designation of
Subcontractors, the Designation of DBE Suppliers and DBE Subcontractors for Work
Amounting to 0.5 Percent or Less, Public Contract Code Section 10162 Questionnaire,
Statement of Eligibility, Certification of Restrictions on Lobbying, Disclosure of Lobbying
Activities, Noncollusion Affidavit, and Equal Employment Opportunity Certification. All of
these forms shall be submitted in the sealed price bid envelope.
This bid shall remain valid for - days from the deadline date (minimum 120 days).
CVT FIXED-ROUTE BUS SERVICES
Price Bid Submitted by:
(Name of Firm)
(Signature of person with legal authority to bind bid)
(Signer's name and title)
Date
EXPENSE OBJECT CLASS DEFINITIONS
501.00
LABOR
"Labor" is the pay and allowances due employees in exchange for the labor services
they render on behalf of the transit system. The "Labor" allowances include
payments direct to the employee arising from the performance of a piece of work,
such as shift differentials, overtime premiums, minimum guarantees, etc. Amounts
should be shown for all employees of the CONTRACTOR who are classified in each
category. Note that the On-site Fleet Maintenance Manager should be classified as
Executive Management (not Maintenance). Other labor costs should be allocated to
Sections 502 and 509 as appropriate.
502.00
FRINGE BENEFITS/OTHER MISCELLANEOUS LABOR COSTS
"Fringe Benefits" are payments or accruals to others (insurance companies,
governments, etc.) on behalf of an employee and payments or accruals direct to an
employee arising from something other than his/her performance of a piece of work.
These payments are operator costs over and above "Labor" costs, but still arising
from the employment relationship. These allowances include paid absence for
illness, holidays, vacations, jury duty, etc.
503.00
SERVICES
nService" is labor and other work provided by outside organizations for fees and
related expenses. In most instances, service from an outside organization is
procured as a substitute for in-house employee labor, except in the case of
independent audits, which could not be performed by employees in the first place.
The substitute is usually made because the skills or equipment offered by the
outside organization are needed for only a short period of time or are better than
internally available. The charge for these services is usually based on the labor
hours invested in performing the service.
504.00
MATERIALS AND SUPPLIES CONSUMED
"Materials and Supplies" are tangible products obtained from outside suppliers or
manufactured internally. Freight-in, purchase discounts, and cash discounts are to
be included in the cost of the material or supply. All taxes (except fuel taxes)
should be included in Section 507. (Fuel taxes should not be included in the price
bids - see Section 508.) Charges to these expense accounts will be for the materials
and supplies issued from inventory for use and for the materials and supplies
purchased for immediate use, i.e., without going through inventory.
504.01 LUBRICANTS AND OILS
Includes all lubricating oil, transmission fluid and grease for use in vehicles.
504.02 TIRES AND TUBES
Lease payments for tires and tubes rented on a time period or mileage basis.
Cost of tires and tubes for replacement of tires and tubes on vehicles.
504.05 VEHICLE MAINTENANCE PARTS
Cost of vehicle parts directly attributable to maintenance of buses and
support vehicles.
504.07/8 OTHER MAINTENANCE AND NON-MAINTENANCE MATERIALS
AND SUPPLIES
Cost of materials and supplies not specifically identified in object classes
504.01 through 504.06, issued from inventory or purchases for immediate
consumption, e.g., cleaning supplies, office forms, etc.
505.00
UTILITIES
"Utilities" are payments made to various utilities for utilization of their resources
(e.g., electric, gas, water, telephone, etc.).
506.00
CASUALTY AND LIABILITY COSTS
"Casualty and Liability Costs" include cost elements covering:
protection of the operator from loss through insurance programs.
compensation of others for their losses due to acts for which the transit
system is liable, and recognition of the cost of a miscellaneous category of
corporate losses.
The cost of repairing damaged property are recorded in labor, fringe benefit,
material, and services object classes. The cost of writing off property damaged
beyond repair are recorded in the object class for depreciation (Section 513). The
costs of operator employees engaged in insuring and processing claims for and
against the operator are recorded in labor and fringe benefit object classes (Sections
501, 502, and 509).
507.00
TAXES
"Taxes" are those taxes levied against the operator by federal, state, and local
governments, including business taxes. Sales and excise taxes on materials and
services purchases other than taxes on oils and lubricants are not included in this
category, but are accounted for as part of the base price of the material or service.
Payroll taxes should be accounted for on line 502.01.
508.00
FUELS
All fuel costs as listed in Section 508 are paid by AGENCY. These prices are not a
part of the contract award and should not be included in the price bids.
509.00
MISCELLANEOUS EXPENSES/ADMINISTRATIVE MANAGEMENT
SERVICES
"Miscellaneous Expenses" are those expenses which cannot be attributed to any of
the other major expense categories (Sections 501 - 507 and 510 - 514).
"Administrative Management Services" are corporate expenses such as accounting
oversight and executive oversight expenses, corporate travel and other related
services not included in categories (i.e., 501 .00 - 507.00 and 510.00 - 514.00).
511.00
INTEREST EXPENSES
"Interest Expenses" are charges for the use of borrowed capital incurred by the
operator.
512.00
NON-VEHICLE LEASES AND RENTALS
"Leases and Rentals" are payments for the use of capital assets not owned by the
operator. Costs for non-revenue vehicle purchases, leases, and rentals are included
in Section 513.
513.00
DEPRECIATION AND AMORTIZATION
"Depreciation and Amortization" are charges that reflect the loss in service value of
the operator's assets, including furniture, maintenance equipment, computer
hardware and software, non-revenue vehicles, and any other assets directly related
to the Agreement.
514.00
MANAGEMENT FEES, PROFIT, OTHER
This amount may not exceed 10% of the total annual mileage and hourly costs.
Corporate overhead expenses should not be included (include in Section 509).
PRICING FORM INSTRUCTlONS.JCOOLI
11/19/01
CVT Fixed-Route Bus Services
PRICE BID FORM
SECTION 1: Start-Up Costs (up to maximum $25,000)
1A. Invoiced Year #1 ~ =
SECTION 2: Performance Surety
2A. 7/1/02-6/30/03 ~ =
2B. 7/1/03-6/30/04 ~ =
2C. 7/1/04-6/30/05 ~ =
2D. 7/1/05-6/30/06 ~ =
2E. 7/1/06-6/30/07 ~ =
SUBTOTAL: SECTION 2 = 0
SECTION 3: Price Based on Revenue Mileage Rate(s)
All CVT Bus Routes (Routes: 701, 702. 703, 704, 705, 706, 706a. 707, 708. 709, 711. 712)
shall be considered LOCAL SERVICE
Note: Routes 704 and 709 incorperate express trips throughout the day - see enclosed timetables.
Revenue Annual
Mileage Revenue
Rate (a) Miles Annual Cost
3A.1 7/1/02-6/30/03 x 1,427,500 = $0.00
3B.1 7/1/03-6/30/04 x 1,427,500 = $0.00
3C.1 7/1/04-6/30/05 x 1,500,000 = $0.00
3D.1 7/1/05-6/30/06 x 1,500,000 = $0.00
3E.1 7/1/06-6/30/07 x 1,500,000 = $0.00
SUBTOTAL: SECTION 3 = #REFI
SECTION 4: Price Based on Revenue Hours (Stand-by Service Only)
Revenue Annual
Hourly Revenue
Rate (a) Hours Annual Cost
4A. 7/1/02-6/30/03 x 2,500 = $0.00
4B. 7/1/03-6/30/04 x 2,500 = $0.00
4C. 7/1/04-6/30/05 x 2,500 = $0.00
4D. 7/1/05-6/30/06 x 2,500 = $0.00
4E. 7/1/06-6/30/07 x 2,500 = $0.00
SUBTOTAL: SECTION 4 = $0.00
SUBTOTAL: SECTIONS 3 + 4 = I #REFI 1
(must match total on Price Breakdown Form)
TOTAL PRICE: SECTIONS 1 + 2 + 3 + 4 = I #REFI I
(Basis for Award)
(a) Revenue mileage and hourly rates between base years may not vary by more than 3.0%. Greater variation will be
interpreted as submittal of a materially unbalanced bid. If revenue mileage rates vary, the lowest rate must be for the
first year and the highest rate for the last year. Any bid that does not adhere to these requirements may be rejected as
non-responsive.
CVT RFTP P",no Fo",,'."'.JCOOLI
11/14101
-".......IIõ1"- CVT Fixed-Route Bus Service
PRICE BREAKDOWN FORM -PROPOSED TOTAL MILEAGE AND HOURLY COSTS (Sections 3 &4)
BIDDER:
EXPENSE
WAGESIS
Executive
Dri,e"S
Malntena
Dispatche
Road Supe
SafetySp
ClericalS
Othe' Sal
'OIhe,em
FRINGE B
Pay",U Tax
Woriws'
DisabUOy
MedicaVD
Holidays.
Attendanoo
SafetyP",
Othe,Em
D""e,Pe
Othe, Pen
Othe, Frin
Unifo"",
SERVICE
BusMain
Legal Se",
Pay"'U Se
Unifonn P
AlIOthe,
FacUlty Se
Fac'OyR
MATERIA
Lubri"'nts
Tlms& Tu
Fambox M
Unifonns
VehlcJe M
VehlcJe C
Othe'Ma
Othe, No
UTILITIES
Fac"ies
MMF Elect
MMF CN
Wate,&S
Phoneltnt
MisooUa..
CASUALTY
Pmmiums
Claims Ad
Othe, Ca
TAXES (E
011& Lub
Othe,Tax
Vea,#t Ve..#2 Vea,#3 Vea' #4 Ve..#5 TOTAL
71t/02. 7/1/03- 7/1/04. 71t/05. 71t/06-
OBJECT CLASS 6130103 6130104 6130105 6130106 6130107 7111D...130107
AlARIES- 501.00
Management SalarieslWages (a) 501.01
ala'ieslWages 501.02
nee Sala,ieslWages (a) 501.03
"Sala,ieslWages 501.04
",iso" Sala'ieslWages 501.05
","'D"',"",ine" Sala,ieslWages 501.06
ala"eslWages 501.07
arieslWages 501.0B
ploY"" coms Induded In MI". La"'" Coms (Sect~n 502) and Mi". Expenses (Secti'n 509)
ENEFITSIMISC LABOR COSTS 502.00
es 502.01
Compen"li,n In,.",nce 502.02
Insu",nce 502.03
entallnsu",nce 502.04
Lea,e (Sick & Va"'li,n) 502.05
Bonuses 502.06
g'ams and Awa..s 502.07
ployee Pe""manoo Bonuses 502.oB
nsion/401K1Reti,ement P",g,ams 502.09
slonl401 KIRelimment Progmms 502.10
ge Benefrts/Mlsc Labo, Cos's 502.11
502.12
S 503.00
tenanoo Related S"S (towing. etc.) 503.01
ices (Ioesl) 503.02
",ices (I""al) 503.03
""ision (if leased) andlo, Cleaning 503.04
Se",ices (local) 50a.05
",ioos (Pm,entali,e Maintenance) 50a.06
epal" 50a.07!.:. '¡¡hOcb.,: .:mhO ..:S:OOO ",SiOm:),' ",.10.000"-1 44,000
lS & SUPPLIES 504.00
andOUs 504.01
bes 504.02
aintenance Parts 504.oa
(if pu<chased) 504.04
aintenance Parts 504,05
leaning Supplies 50406
Intenance Mate,ials & Supplies 504.07
n-malntenance Materials & Supplies 504.0B
505.00
Natu",' Gas (non-,ehicle) 505.01 -DO NOT LIST. AGENCY PAYS-
'iclty (non-CNG stalion) 505.02 --00 NOT LIST , AGENCY PAyS-
G Fuel Station Elect"clty 505.03 "'00 NOT LIST . AGENCY PAYS-
ewe' 505.04 "'no NoT LIST. AGENCY PAYS-
emeUE-malilData Lines 505.04
ous Ulil"es 505.06
& LIABILITY COSTS 506.00
506.01
minist",tlon 506.02
sualty and Llab"lty Costs 506.oa
XClUDING FUEL TAXES) 507.00
ricantTaxes 507.01
es 507,02
CVT Fixed-Route Bus Service
PRICE BREAKDOWN FORM -PROPOSED TOTAL MILEAGE AND HOURLY COSTS (Sections 3 & 4)
EXPENSE OBJECT CLASS
FUEL EXPENSES
CNG Fuel - Buses
CNG Taxes/Pecm"s
D~'" Fuel - Buses
Ole'" Fuel - SetVlce Trucks
Diesel Taxes
Gasoline Fuel
Gesollne Taxes
MISCEUANEDUS EXPENSES 509.00
Start-Up Tralolog 509.01
Staff Travel 509.02
Noo-Reveoue Vehicle lice "'og 509.03
AIcohoVDrug Testlog 509.04
Employee Physicals 509.05
Eovl",ome""'1 Expe"es 509.05
Other Local Expo"es 509.07
COIpOrate Legal Services/Fees 509.0B
Cocporate Pay"," ServiceslFees 509.09
Cocporate Claims Mooagemem SetV~es/Fees 509.10
Other Cocporate Mooagemeot SecvlceslFees 509.11
INTEREST EXPENSE
NON-VEHICLE LEASES & RENTALS
Office Furniture
Other Office Equlpmeot
Other
CAPITAl DEPRECIATION & AMORTIZATION 513.00
FacUlty Video SutVellla""e System 513.01
Capital Telephooe aod Paglog Systems Costs 513.02
Vehicle lifts 513.03
Shop Supplies/Fluid Hose Reels 513.04
Toot, 513.05
Computer Hardware/Software 513.06
Office Fumiture/Equlpmem 513.07
Service Trucks (mlolmum 011) 513.0S
Drtver RellefVehldes (",nlmum of4) 513.09
SupetVlsorVehldes (mlolmum of 2) 513.'0
Other Noo-ReveoueVehlcles 513."
Other Equlpmem 513.12
MANAGEMENT FEE. PROFIT.
AND CONTINGENCY (b)
511.00
Ye",>' Yeac >2 Ye",>3 Year #4 YeaCO5 TOTAL
7/1102- 711103- 711104- 711105- 711106-
6130103 6130104 6130105 6130106 6130107 711102""0107
(CONTD) (CONTD) (CONTD) (CONTD) (CONTD) (CONTD)
"'00 NOT LIST -AGENCY PAYS- 0
"'00 NOT LIST - AGENCY PAYS'" 0
"'00 NOT LIST - AGENCY PAYS'" 0
"'00 NOT LIST - AGENCY PAYS'" 0
-DO NOT LIST . AGENCY PAYS'" 0
-DO NOT LIST - AGENCY PAYS- 0
-DO NOT LIST - AGENCY PAYS- 0
I:.;;;' :;'de Ô " 'n" "ôH
-DO NOT LIST. AGENCY PAYS-
-DO NOTlIST- AGENCY PAYS-
I "'00 NOT LIST-AGENCY PAYS'" I
-DO NOT LIST. AGENCY PA YS~' II
-DO NOT LIST -AGENCY PAYS-
. . " .
T T T T T "
r 1
5OS.00
50B.01
50S.02
50S.03
50B.04
50S.05
50S.06
50B.07
51200
512.01
512.02
512.03
514.00
TOTAL ANNUAL MILEAGE AND HOURLY COST (c)
Note - Compute, Hanlw"elSoftwa<e price "",ulred year 5 since CONTRACTOR 10 repl"e with new updated equip. at the end of contract.
(a) Include Maintenance Mana.e, costs In line 501.01, not line 501.03.
(b) Amount not to exce" 10% of totat annual mileage and hourty cost. Does not tnclude co'porate management setVlces (Include In Section 50O).
(c) Exctudes start..p costs, bonuses. and performance surety costs.
Submllted by'
BIDDER (Firm Name)
Sigoature,
BIDDER REPRESENTATIVE
Date.
~~-~_.",o~,